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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
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We live in a new build house with which has a waterlogged garden.

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We live in a new build house with which has a waterlogged garden. Developer sent expert out who agreed there was a problem but developer replied there was no problem. Now outside two years and raised with NHBC. Agree garden is waterlogged but outside the 3m from the house they cover. Developer has replaced all neighbouring gardens turf due to waterlogging / insufficient top soil which has exacerbated the problem in our garden. What legal action can we take if any?
Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.
Hello my name is ***** ***** I will help you.
When did you have the house built please?
Customer: replied 1 year ago.
We moved in October 2013 - it is just over two years old - although the complaint was raised with the developer prior to the 2 years being up.
Expert:  Ash replied 1 year ago.
Was there an owner previous to you, or are you the first?
Customer: replied 1 year ago.
We purchased the house brand new - first owners. We bought before they had even started building it.
Expert:  Ash replied 1 year ago.
Ok. Therefore even if the NHBC is out of time you have 6 years to sue for breach of contract under the Limitation Act 1980.
You need to get a survey, setting out what has gone wrong, what needs doing and who is responsible. Once you have that you can see what needs doing and ask the builder to do it or say you will go to Court.
If he refuses then you can issue proceedings using form N1:
http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n001-eng.pdf
The court will issue the claim and the builder will have an opportunity to defend. If the matter does get to Court then you can use this survey you had done. The Court can then order that the builder do the work required.
Can I clarify anything for you about this today please?
Alex
Customer: replied 1 year ago.
When you say survey - is the fact that we have written evidence which was sent to our neighbouring properties that the gardens were too boggy and therefore there agreement to remedy not set precedence to do ours? We are still within NHBC timescales but there is nothing they will do as the most saturated and waterlogged area in the garden (as the garden is slightly sloping) is at the bottom of the garden - more than 3m from the house. NHBC can only look at the area within 3 metres of the house. The issue was raised before the 2 year "guarantee" period but they refused to accept anything was wrong. NHBC came today to look and agreed but nothing they can do as outside of their remit. The developer was invited to attend today's meeting but failed to show.
Customer: replied 1 year ago.
The neighbouring gardens have all received new turf in the last 6 months but they refuse to address ours. The effect of this is that it has pushed the problem they all had onto our garden.
Expert:  Ash replied 1 year ago.
The Court may still require a formal survey by a Court approved expert, so it may be wise to get this now.
Once you have this then you know what needs to be done. Indeed you could add the NHBC as 2nd Defendant is they are denying liability.
Dies that clarify?
Alex
Customer: replied 1 year ago.
How do you go about finding a court approved expert?
Expert:  Ash replied 1 year ago.
https://www.jspubs.com/
http://www.watsons-property.co.uk/expert-witness
http://www.pricepartnership.co.uk/expert-witness/
Alex
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience: Solicitor with 5+ years experience
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