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LondonlawyerJ, Advocate
Category: Law
Satisfied Customers: 823
Experience:  Solicitor with over 15 years experience.
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In 2012 we moved into a new build apartment. January 2013

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In 2012 we moved into a new build apartment. January 2013 a leak developed from the bedroom ceiling.The developer cut a hole in the ceiling to track down the leak & thought they has fixed it. They repaired the ceiling & redecorated. The leak returned within a couple of days. The leak was then repaired again. This was all over a period of a couple of months. Another leak then developed in the on suite shower room ceiling.This again took a few weeks to repair.February this year a leak developed on the balcony roof which then spread into the lounge ceiling. This leak has still not been fixed (7 months!). My wife & I are now totally fed up with the situation & have no confidence that IF the leak is fixed then something else will develop , my wife especially is very upset. Other apartments in the building have also had leak problems. We feel that the building is not to standard & feel that the developer should offer us alternative accommodation. have we any legal rights to demand to be re-housed?
Thanks Adrian
Hello, I am a solicitor with 20 years experience. I will try to answer this for you.
Are you a tenant or an owner occupier?
Customer: replied 2 years ago.

Hi We own the property outright i.e. we have no mortgage.

OK unfortunately that means that you don't have the tenants repairing rights and you are basically responsible for repairs yourself.. You are either a long leaseholder or a shared freeholder I expect. In either case there will be a management company or something similar and if this is related to external or structural works then it will probably be their responsibility to fix it and then share the costs.
You might think that the first thing you should do is to look at the relevant agreements etc. to check on this. Do you know if anyone else is experiencing the same problems.
Customer: replied 2 years ago.

You are correct in that we are leasehold. But the building is brand new , we were the first ones to move in . It is the developer not the management company that are doing the repair work. I just thought that because it was a new build property that we had more leverage when it come to faulty workmanship etc

Yes you may well have more leverage if you can demonstrate that the problems are due to the developer's negligence. Or perhaps there is building guarantee?
It seems to me that the first step is to get on top of the paperwork: what does the lease say about repairs, is there a guarantee, what advice did your solicitor give you about this and then talk to the other occupiers about their problems with leaks and to work together.
Ultimately either you as a group will need to fund and fix these problems possibly with a claim against the developer or you will enforce your guarantee if there is one.
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