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Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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My daughter bought a new house cost £298,000 and moved in

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My daughter bought a new house cost £298,000 and moved in on 8.6.15 Whilst we appreciate with every new property there are areas of snagging, the experience she has had and is still having is absolutely horrendous. She works from home and almost every day for weeks the workmen have been arriving whenever they please and "fixing" problems as she reports them. However, she has had to have the windows replaced, radiators have fallen off the walls, floor covering have been ruined by the workmen to name but a few problems but there are many more. The most recent and most worrying problem to arise is two large patches of damp, one of which they have removed the plasterwork and the other which she reported to them today is covered in mould and for which they have told her they will take the wall down tomorrow. She lives alone and we are 300miles away. She is not sleeping and is so stressed it is interfering with her health. She does not know where to turn. Can you give us any advise.
Hello my name is ***** ***** I will help you with this.
What is it she wants to achieve? Has she had an independent survey done please?
Customer: replied 2 years ago.

She has lost confidence in the standard of build. It does not feel like a new house anymore with all that has had to be done to put things right. She has asked the developers for an independent inspection to document the problems but this has been ignored. She would quite happily get her money back and move out.

Do you know the cost of putting it right?
Customer: replied 2 years ago.

They will "put it right" so to speak at no cost but that is not her worry. If all this is happening to a new build i.e. dampness etc. there is something far wrong. She is the first occupant of twelve new houses in the development. She has no confidence that worse problems may develop and she can't sell the house in the future. She has put her life savins g into this new property and it is turning out to be somewhat of a lemon.

Sadly I dont think she can just get her money back and move out, its not that simple. There may be a breach of contract but that does not mean it can just be ended and refunded - sadly it does not work like that.
She needs to get an independent survey done of the property to see what the problems are and the cost to fix. Then she can present them with the report and ask that it is fixed within say 14 days or say she will to go Court.
If they do not do the work she can issue proceedings for the cost in the County Court. You can either do this online at: or by completing form N1 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.
The survey which has been done can be used at Court if appropriate as expert evidence.
Can I clarify anything for you about this today please?
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