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Snagging and defects / Re: Ceramic floor tiles have delaminated and tented / popped-up
« Last Post by Jivebunny on February 25, 2024, 10:06:14 am »Good morning and many, many thanks for your response to my query.
I have scrutinised my contract and can only find the following clause:
The Seller shall construct or procure the construction of the Property in all material respects in accordance with the relevant planning permission and building regulation approval…. – there is no reference to the standard of workmanship and I’m guessing there are no building regulations relating to the laying of floor tiles?
They do make reference to the NHBC warranty but only in so much as to the registration of the house with NHBC and that the buyer must pursue appropriate claims for defects with the NHBC and not the seller.
Can it be considered an ‘implied’ term that the house would be built to a certain standard of workmanship?
Prior to posting my query, I sent a lengthy email to the Technical Director (his was the only Director’s email address I knew). He did not communicate back with me but simply forwarded my email (full circle) to the Customer Service Team I had originally been blanked by! This time they did acknowledge my email and 10 days later sent me the gesture of goodwill offer of £750.
Prior to receiving your response, I sent an email advising their offer was derisory and used your template to make a Subject Access Request. Elan Homes have acknowledged my request but advise I ‘only have the right to see the personal data they hold / use rather than a right to see the documents that include that information’ ie. My name, address and contact details. Do you know if this is correct as I was sincerely hoping to have sight of a copy of the Site Manager’s report following his attendance at the NHBC investigator’s meeting?
They have simply offered to provide me with copies of the following:
Contract relating to the purchase of your home
Reservation & Incentives Agreements
Colour Choices Selection Form
Gas Certificate
Customer Demonstration Checklist
Customer Demonstration Manual Checklist
Customer Demonstration Report
Customer Handover Certificate A
Customer Handover Certificate B
Welcome letter
7 Day Courtesy Call Report and 28 Day Sign Off
NHBC Build Mark Cover Note
NHBC Final Certificate
I can confirm we made every effort to source the original tiles over 12 months before the tenting happened. In August 2022 when we heard of a number of properties on the estate having an issue with their tiles lifting, we contacted the original tile supplier to Elan Homes in the hope of purchasing a number of spares. (At this time, the grout had started to crack in our house which was reported to Elan for the sake of good order). The tile company advised us that our particular tile was out of stock and discontinued (email evidence available if Elan request it).