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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I purchased a new build house in June 2014. The house is still

Resolved Question:

I purchased a new build house in June 2014. The house is still under developer guaranty. In December 2014 a pipe inside the wall broke causing water leakage. As a result the mold started to grow on the wall and the plumber had to cut the hole in the wall to replace the pipe. It took almost 2 weeks for developer to send someone to repair the pipe at the beginning. During this time I had to live in dirty, smelly living room with wet wall and carpets. Then the specialist company had to install a dehumidifire for over 3 weeks. It was a very noisy machine and it was hard to sleep at night but I had to keep it on all the time. I had to cancel my christmas plans due to that problem. Right now I cannot get developer to come and replace the damaged walls. I do not know how much longer it might take until they would carry the necassary repairs.
My questions is wheathe I am entitle to any compansation from the developer for all inconvinience caused?
David Salon
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Alex Watts : Hello David my name is ***** ***** I will help you with this.
Alex Watts : What losses have you suffered as a result of this please?
Customer:

They need to replace a carpet and two walls in the boiler room but the biggest problem was discomfort and inconviinience caused.

Alex Watts : Ok. How much do you want to claim?
Customer:

I think £100 for each day from the moment I reported the leak up to a date when they will finish the repair will be a reasonable compensation.

Alex Watts : You need to write and set out your losses and request a refund within 14 days or say you will go to Court within 14 days. You should make sure you send this signed delivery and keep a copy.
Alex Watts : If they do not refund you then you can issue proceedings in the County Court. You can either do this online at: www.moneyclaim.gov.uk or by completing form N1 http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n001-eng.pdf and take it to your local County Court.
Alex Watts : The Court will then issue a claim which a copy will be sent to the Defendant who will have a limited time to defend it, if not you can enter Judgment and enforce.
Alex Watts : If the claim is for £10,000 or less it will be a small claim so you will not need legal representation. Over this value you would need representation for trial.
Alex Watts : Can I clairfy anything for you about this today please?
Customer:

Yes please, does it mean I can only claim the compansation for the material damages?

Alex Watts :

You claim claim for what has been damaged plus a nominal amount for stress etc

Customer:

Understand, thank you very much.

Alex Watts :

Great. Can I clarify anything else for you?

Customer:

I think that will be all. Thank you.

Alex Watts :

Great. If I could ask you to rate my answer before you go today, the button should be at the bottom of the screen

Alex Watts :

If you need more help please click reply

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