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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 flat in a newly converted Victorian house, completing

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I purchased a flat in a newly converted Victorian house, completing in May 2015. Apart from 1 flat which has now been sold stc, all properties were completed between May and Oct 2015. I have numerous 'snagging' issues which the builder/developer is refusing to attend to and is not answering correspondence. The issues include:
No entryphone, although wiring has been put in place.
Leaking Underfloor heating system.
Faulty electrics.
Most skirting coming away from wall.
Most window sills loose (could easily be pulled away completely from wall).
This is in addition to the exterior of the property remaining unfinished, carport without roof, nrubbish in car park etc.
1) what are my rights to have him complete the faulty areas?
2) we paid management fees in advance as part of completion transaction, the 2016 fees are now due, given the property has not been completed and not a penny has been spent on repairs, maintainence or upkeep, can I withold payment as leverage to get my property completed to the standard I paid for?
Submitted: 1 year ago.
Category: Law
Expert:  Nicola-mod replied 1 year ago.
Hello,
I've been working hard to find a Professional to assist you with your question, but sometimes finding the right Professional can take a little longer than expected.
I wonder whether you're ok with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.
Thank you!
Nicola
Customer: replied 1 year ago.
Hi, I would like an answer to this problem if you could continue to try.
Thank you
Expert:  Nicola-mod replied 1 year ago.
Hello,
We will continue to look for a Professional to assist you.
Thank you for your patience,
Nicola
Customer: replied 1 year ago.
I am disappointed that there has been no useful response to my question after several days. Please give this your urgent attention.
Regards, ***** *****
Expert:  Ash replied 1 year ago.
Hello my name is ***** ***** I will help you.
Do you know the cost of putting it right please?
Alex
Customer: replied 1 year ago.
Hi Alex, I would have thought in the region of £1500-£2000.
Expert:  Ash replied 1 year ago.
You need to get quotes for putting the work right, this forms your loss.
You need to write and set out your losses and request the work is done or they refund the cost 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.
If they do notthen 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.
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.
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.
Can I clarify anything for you about this today please?
Alez
Customer: replied 1 year ago.
Thank you, ***** ***** having completed the purchase and subsequently identified issues, we still have the right to demand that these are put right? Also with something like an entryphone system, I know he will claim that it was not included in the sale, despite him having installed wiring. Although not mentioned in any estate agent details, these are never that comprehensive but I would say that such a system is an essential expectation. There is a main front door to the lobby which has a number code pad to enter but no means for visitors/deliveries to call individual flats.
Also on point 2, the developer is still responsible for maintenance, which we all paid up front in 2015 as part of the completion. Now the 2016 payment is due, despite him having done absolutely no maintenance and the property remains unfinished, externally as well as numerous individual snagging issues. Do we have any right to withhold these payments until he has completed the property and addressed snagging?
Expert:  Ash replied 1 year ago.
Correct. And the developed is responsible, you can keep hold of payments until put right.
Does that help?
Alex
Expert:  Ash replied 1 year ago.
If this answers your question could I invite you rate my answer before you leave today.
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Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
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