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F E Smith
F E Smith, Advocate
Category: Law
Satisfied Customers: 8445
Experience:  I have been practising for 30 years.
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I bought a new house and the bathroom tiles weren't very

Resolved Question:

I bought a new house and the bathroom tiles weren't very well done so i had them done again and again. After the third time i had the customer service manager come out and have a look. He said he could get someone else to do it. i said no i want all the equipment (tiles, adhesive, grout, sealant and trim) and i would do it myself. He agreed and when they delivered then that would be the end of this issue. This was over 4 months ago and despite numerous emails they haven't delivered them until Friday 15th July when some tiles arrived while i was at work. When i checked them all they delivered was about 40 tiles. i bought the house from miller homes in Heysham. i feel like I'm never going to get my bathroom finished and want to know if i can pursue this through a solicitor
Submitted: 3 months ago.
Category: Law
Expert:  F E Smith replied 3 months ago.

Party Wall Act, not Part Wall. Sorry

Customer: replied 3 months ago.
Party Wall Act, not Part Wall. Sorry.Is this my whole answer what does this mean. i dont get what i paid £38 for. i want a refund
Expert:  F E Smith replied 3 months ago.

I’m sorry, that was meant for another user. It happens from time to time when cut and paste doesn’t work.

I need some more information from you please.

How much would it cost to get the bathroom tiles completed in a proper fashion by a competent Tiler?

Customer: replied 3 months ago.
Thats ok. Not sure how much it would cost. My father in law is going to do it. I told them i would do it but they're not supplying me with the equipment. Do i need to get some quotes
Expert:  F E Smith replied 3 months ago.

There are several ways that you can deal with this.

If you are happy to deal with it yourself, you can do so and you can apply to court either for the cost of the materials to do the job offer in order for what is called specific performance to make them give you the materials.

You could apply to court for an order for specific performance of rectifying the job to compel them to do it.

You could get the work done by a professional Tiler and take the developer to court for whatever its cost you to have it done professionally.

If you are issuing court proceedings, you have to tell the developer in writing that unless they do whatever it is you want to your remedy, and do it by a particular date (say 15 days hence) you will take them to court without further notice.

The reason I would suggest that you either bought the materials yourself and pursued them for the cost you got a professional to do it and then pursue them for the costs is because this could easily take 10-12 months to get to court and meanwhile, you are left with the unsatisfactory tiling.

If you are buying the materials, I would just buy them from a recognised supplier but do get a receipt. If you are going to get a professional tiler to do the job, get three quotations. Please note, quotations not estimates, because court judges do not like estimates.

Incidentally, the statutory provision is a breach of the Sale of Goods Act if the house completed before 1 October 20150 the Consumer Rights Act thereafter. The goods (the house) are not of satisfactory quality and that applies to both statutory provisions.

Can I clarify anything for you?

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Best wishes.


F E Smith, Advocate
Category: Law
Satisfied Customers: 8445
Experience: I have been practising for 30 years.
F E Smith and other Law Specialists are ready to help you
Customer: replied 3 months ago.
Thanks for your help I'll have a look at these options and decide how i want to proceed.

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