Advice Required - Delayed New Build

[MeggyMoo93]

My partner and I are looking for some advice please.

We reserved a Charles Church new build in December and exchanged within the first week of January. We were originally advised that the house would be built by April/May. Understand new builds often have an optimistic build timeframe so thought this could change. After we exchanged, we were sent a letter from Charles Church to inform us that the build had been delayed and our house would be ready in June/July. Again, we were fine with that. This is the date which our solicitor advises us is on our paperwork.

We are now in June and our house hasn't even been started (no foundations - just a mud pile). We have queried this with Charles Church a number of times to understand the reason for the delay. They informed us that they had to decommission the water pump, built a new one and let the new one run for 2 months before digging up the old one. The old pipes happen to run under our plot, hence why they haven't been able to start our house. They are currently waiting for Thames Water to sort out the pipework underneath the plot and have no idea how long until they do it. They have allegedly chased them a number of times but as it's an external company, it's pretty much out of their control. They have now said that they envisage our plot starting mid-July (unsure how they can guess this with no idea how long Thames Valley are going to take to do pipework) and said worst case scenario, our house will be built by early December.

They confessed that our plot of land shouldn't have been made available as they were aware of the problem with the water pump and knew that there was going to be delays however, we were not informed this when we purchased the plot.

As my partner and I are now expecting a baby in Jan/Feb we are getting a bit concerned with our living situation (moved back in with parents for what we thought was a short term arrangement to save) so was wondering whether we have a leg to stand on with pulling out of the contract so we can buy another house due to the long delays/unknown completion date?

Our solicitor has advised us that we can legally pull out at the end of December. Does anyone know whether we could pull out earlier if Charles Church know that they won't complete by then? i.e. they have told us that it takes on average 4 months to build the house so if the house hasn't started in August and they confirm that the house cannot be completed by then, that could get out of the contract?

Any advice would be much appreciated. Our solicitor is adamant about us not being able to do anything until December which is too late for baby due so just wanted to see whether anyone has any advice surrounding these issues or whether we'll just have to wait it out until December to see what the situation is then.

Many thanks

[New Home Expert]

The housebuilder must give you a date of completion and keep you informed if it changes.
Obviously in this case the delay is not entirely in Persimmon/Charles Church control.

Be aware that their year end is 31 December and they will rush your home to try and include it in the figures. They may even bribe you to legally complete even if the home is not finished as Bovid did in 2016 and  I believe Persimmon have done in the past.

Is your solicitor one recommend by Persimmon. If so don't belive a word they say about pulling out after December! (year end again!)  Check this list!

so was wondering whether we have a leg to stand on with pulling out of the contract so we can buy another house due to the long delays/unknown completion date?

If you can I would run a mile. Persimmon have a bad reputation anyway and it certainly looks like your home will be rushed to be included in their figures. They are thinking of their bonuses not your situation!

Our solicitor has advised us that we can legally pull out at the end of December. Does anyone know whether we could pull out earlier if Charles Church know that they won't complete by then? i.e. they have told us that it takes on average 4 months to build the house so if the house hasn't started in August and they confirm that the house cannot be completed by then, that could get out of the contract?

Four months to build a house start to finish (16 weeks) is possible if a tab ambitious.
Especially as weather and daylight could cause delays later in the year and it end of year figures time so they will be rushing lots of plots not just yours.
I don't think the "you can pull out if its not ready in December"  is anything you can trust.
I believe you should look at your contract and if there has been a breach you should be able to cancel and get your despite back. Persimmon will fight this though.
This cap might be able to help you:
 
Timothy Waitt Solicitor & Partner  e mail twx@anthonygold.co.uk

Anthony Gold Solicitors
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London SW16 3QB

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