Ceramic floor tiles have delaminated and tented / popped-up

[Jivebunny]

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.

[New Home Expert]

I think you would have a good case as a breach of contract law, whereby Elan Homes presumably stated in the contract they would "build the property in a workmanlike manner to warranty and building regulation standards." or similar wording as is often used.

The fact that the out of level/uneven floor was levelled by putting one time on top of another is pretty clear cut.

I would be minded to write to Elan CEO and question the accuracy of the misleading content on their website (screen shot it as they may just take it down) and suggest an acceptable settlement figure.  As the tiles were no long available, that would mean it cost more than if you had perhaps acted sooner. You need to show that you have tried and been reasonable for the next step below.

This can and should end up with a claim against Elan Homes in the Small Claims court which I suspect you would win, or Elan Homes would settle before a judge ruled.

[Jivebunny]

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).

 

[New Home Expert]

Yes no building regulations for floor tiles. But there are NHBC warranty standards.
Workmanship and quality are, unfortunately, subjective. But the NHBC tolerances do put a figure on what is deemed unacceptable.

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.

You may have a case against your solicitor for not highlighting this. It is a big red flag warning that Elan homes appear to be not interested in dealing with defects in the poor quality homes they build and sell.

Regarding the SAR and I'm not an expert but have applied for SARs myself, there are very few reasons that an organisation can legally withhold information with you name on. So again Elan are being difficult  for no reason as the ICO will after around a year, compel them to comply in every respect.
You can always write the the NHBC and request a SAR from them. Might be interesting.

What Elan Homes are prepared to give you is sales and handover paperwork.  You have a legal right for copies of all Building Regulation inspections carried out during the construction of your new home, whether your name is on them or not. These may have been done by the NHBC.

If nothing else, I do hope your post and experience acts as a big red flag warning for others even considering buying a new home from Elan Homes.