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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I bought my property from new 8 years ago. It has now been

Customer Question

I bought my property from new 8 years ago. It has now been discovered that due to incorrect installation, my toilet (which has been leaking for years and gradually getting worse unbeknownst to me) has caused water damage to the flat below and other subsequent rooms in my property. Do I have any recourse against Berkeley Homes (the original builder) on the basis that faulty installation can be proven, despite the 8 year time lag? I think it is reasonable to assert that the problem would not have been discovered until it became significant, as the faulty pipes are situated in a boxed-in and sealed unit behind the toilet. Many thanks Kim
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Hello my name is ***** ***** I will help you with this.
Did you have any form of guarantee please?
Ash and other Law Specialists are ready to help you
Customer: replied 2 years ago.

Hi there - yes there was a basic guarantee (I think NHBC) covering the first 2 years after build (snagging)

Expert:  Ash replied 2 years ago.
Its bad news I am afraid, if there is only 2 year guarantee then that is all you can claim for. Even so under the Limitation Act 1980 says that any claims must be brought within 6 years of date of breach.
The date of breach was 8 years ago and sadly you are out of time. You can't claim for date of knowledge as that does not apply to contractual claims.
I am very sorry if this is not the answer you want and certainly not the one I want to give you, but I have a duty to be honest.
Can I clarify anything for you about this today please?
Alex
Customer: replied 2 years ago.

Hi Alex,

Many thanks. In that case, am I able to claim on the buildings insurance?

All the best
Kim

Expert:  Ash replied 2 years ago.
Yes Kim they may cover you for this - you should check the coverage,.
Alex
Expert:  Ash replied 2 years ago.
Hi
I am just following up to see if there is anything else I can help with?
If this answers your question might I ask you to rate my answer before you go today please, the button should be at the bottom of the screen.
If you need more help please click reply.
Alex