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Snagging and defects / Ceramic floor tiles have delaminated and tented / popped-up
« Last Post by Jivebunny on February 18, 2024, 02:50:32 pm »The ceramic floor tiles in our five year-old new build house have de-laminated and 'popped-up'. In one section, we have found that two tiles have been laid on top of each other!
During an on-site inspection, the NHBC investigator said: The combination of differential thermal movement of the tiles and floor slab, exacerbated by the orientation of the property and the insufficient preparation of the sub floor to receive a tiled finished has led to the failure of the tile adhesive bond to the sub floor.
The house builder (Elan Homes) has refused to take responsibility as we are 'outside of the two-year builder’s warranty'. They have simply offered me £750 as a gesture of goodwill. This nowhere near covers the £5,000 it has cost me to replace the tiles (repair was not an option as the tiles are discontinued and the whole sub-floor appears not to have been primed).
The same thing has happened in a number of other properties on the estate - the builder agreed to replace the tiles in those properties.
Whilst talking with one of the customer care assistants prior to the NHBC inspection – the assistant said on a number of occasions "Don’t worry about it, as we have looked at your photographs and we are fully expecting the NHBC to find against us". When I asked on what grounds – she said "Reasonableness – it is reasonable to expect a tiled floor to last more than 5 years"
In their marketing material, they even use the phrases: "We build homes that stand the test of time for generations to come. From fitted kitchens…..to floors and skirting boards designed to withstand all the knocks of life. Elan Homes put exceptional care and attention into workmanship…..employ only the best tradesmen who take pride in their work. All our lovely homes are built for living and unlike older properties won’t require lots of costly repairs and renovations." They use the word ‘quality’ numerous times
I would like to know if we have a valid claim against the builder?
If so – under which legislation?
I have read that a new build house is not covered by the Consumer Rights Act 2015.
I wondered whether I could approach via the misrepresentation of their marketing material using the Consumer Protection from Unfair Trading Regulations 2008.
Thanking you in advance. All comments will be gratefully received.
During an on-site inspection, the NHBC investigator said: The combination of differential thermal movement of the tiles and floor slab, exacerbated by the orientation of the property and the insufficient preparation of the sub floor to receive a tiled finished has led to the failure of the tile adhesive bond to the sub floor.
The house builder (Elan Homes) has refused to take responsibility as we are 'outside of the two-year builder’s warranty'. They have simply offered me £750 as a gesture of goodwill. This nowhere near covers the £5,000 it has cost me to replace the tiles (repair was not an option as the tiles are discontinued and the whole sub-floor appears not to have been primed).
The same thing has happened in a number of other properties on the estate - the builder agreed to replace the tiles in those properties.
Whilst talking with one of the customer care assistants prior to the NHBC inspection – the assistant said on a number of occasions "Don’t worry about it, as we have looked at your photographs and we are fully expecting the NHBC to find against us". When I asked on what grounds – she said "Reasonableness – it is reasonable to expect a tiled floor to last more than 5 years"
In their marketing material, they even use the phrases: "We build homes that stand the test of time for generations to come. From fitted kitchens…..to floors and skirting boards designed to withstand all the knocks of life. Elan Homes put exceptional care and attention into workmanship…..employ only the best tradesmen who take pride in their work. All our lovely homes are built for living and unlike older properties won’t require lots of costly repairs and renovations." They use the word ‘quality’ numerous times
I would like to know if we have a valid claim against the builder?
If so – under which legislation?
I have read that a new build house is not covered by the Consumer Rights Act 2015.
I wondered whether I could approach via the misrepresentation of their marketing material using the Consumer Protection from Unfair Trading Regulations 2008.
Thanking you in advance. All comments will be gratefully received.