Failed Sound Testing - Help!!

[Chlobe88]

I've spent many an hour trawling the internet trying to find someone else that is/has been in a similar position to my partner and myself, with no luck! I hope you may be able to offer some words of wisdom!

We purchased our first home - an off-plan two bed apartment from Taylor Wimpey and completed in December 2015. Since then, we raised our concerns with regards to sound transmission issues from the flat below us at the 7 and 28 day visits. Nothing was done and nor were we taken seriously.

We raised the issue with NHBC and logged a claim. They then instructed a sound test to be carried out.
The apartment failed 4 of the 5 tests carried out and we were informed last week by a surveyor and his team whom Taylor Wimpy had sent out to us, that our floor will need ripping out and re-laying along with various pipe work needing to be insulated too. We've not yet received a copy of the surveyor's report detailing the works required and timescales etc. but it was said that we will need to be re-located due to the scale of the problem - I'm currently 32 weeks pregnant!

It's a nightmare and I've spent many an hour in tears and tearing my hair out over the past 6 months due to the sound issues from the apartment below us. What is supposed to have been an exciting happy time has been totally hijacked by Taylor Wimpey and their lack of compliance.

The big question.... as Taylor Wimpey have not 'yet' refused to undertake the remedial works suggested and are co-operating thus far, do we have any scope to claim financial compensation from them due to their failings and what we've got to come / have gone through the past few months due to their failings?

The apartment is registered with Robust Details and has failed their standards significantly and has also failed Part E of the Building Regs (do correct me if I'm wrong...). As the previous failings have been identified, surely they are in breach of contract as they have not built our property in accordance with Building Regs + NHBC standards?

Will be pleased to hear anyone else's experience, advice, words of wisdom or otherwise!! Help!!

Many thanks in advance

[New Home Expert]

I am sorry to say this is not a new issue to Taylor Wimpey.  There have been many buyers in the same position as you now are.  This post on the forum from 2013 is very similar to your own situation.

The problem is that under Part E, Robust Details exempt house builders from carrying out a sound test in any home built to the "Robust Details".  All that is required is for the site manager to sign off a form to confirm that the home has been built exactly in accordance to each specific Robust Detail. In the real world, not every home will be checked and if found to be not complying, corrected.

The good news for you is the NHBC have proved that your home does not comply. Whether or not Taylor Wimpey do the work, it will be corrected at no cost to you.

You should ask for a copy of the surveyor's report. If Taylor Wimpey refuse, make a Subject Access Request.
Taylor Wimpey must outline what is being done, when it is being done and how long the work will take.
They will also need to outline what alternative accommodation will be provided for you and any other expenses they will cover, such as removals and storage, meals and laundry (if in a hotel) carpet replacement, etc.  This Taylor Wimpey buyer had been in "temporary" accommodation for more than six months!

Now for the big question....compensation. Most house builders will claim that they don't pay compensation, but they all do!  Geoff Peter at Wingrove Law specialises in getting justifiable compensation from house builders and breach of contract as you suggest. As might be expected, he is very busy!

My view is that your flat will not be the only property with sound insulation Part E non-compliance. I would think it highly likely that every flat on the development would also fail the sound test.
Imagine how much it would cost Taylor Wimpey to rectify every home if every buyer knew?
So my advice would be to suggest Taylor Wimpey pay you £10,000 in compensation (as well as the other expenses).

You may like to know that I have been campaigning for a New Homes Ombudsman who would be able to rule on compensation for situations such as yours, if the builder didn't make an acceptable offer. Please contact your MP and ask that he support the recommendations in the soon to be published report from the APPG Inquiry into the Quality of New Homes.

Finally, it will annoy you to learn that in the firm's annual report at the beginning of the year, Taylor Wimpey CEO Peter Redfern said:

"During 2015, we achieved a customer satisfaction score of 86% (2014: 87%). We are disappointed that this has slipped. Whilst we operate in a cyclical market, we strongly believe that a customer centric approach is needed throughout the cycle. During 2015 we completed an in-depth review of every aspect and stage of our Customer Journey, to identify areas of improvement and to deliver a better homebuying experience for our customers.

Throughout the review, our focus has been on understanding our customers’ priorities to enable us to deliver at and ahead of expectations. We have also commenced the process of rolling out our new customer approach across the business with a focus on three main areas: our culture, management structure and process. This is to ensure that going forward we deliver the right product, supported by excellent customer service to all our customers at every stage of their journey with Taylor Wimpey. 

As part of this new approach, we have developed a customer mindset focused on delivering proactive, positive and professional service, which we want to ingrain in our behaviour with customers. We have also developed and will be embedding four customer commitments in the business, focused on getting it right first time, communicating well, keeping promises and finding solutions. 

In addition, during 2015, we have enhanced the capability and size of our customer service teams across the regional businesses, with the introduction of a number of key new roles. In 2015 we developed and started to implement a training programme to equip those employees interacting with our customers with the right skills to deliver a consistently great service. 

We are pleased to see a positive trend in customer satisfaction in the monthly survey scores in the second half of 2015. Customer service will remain a key priority for Taylor Wimpey in 2016 and on an ongoing basis."

You might like to ask him what is going wrong and what he is personally doing about it?

[HAPPYDAYS28]

I was under the impression that Taylor Wimpey was a better build but disappointed they are as bad as others .

Wish we could name & shame the builders, people's hard earned money down the drain.

[New Home Expert]

You can name and shame the worst house builders on this forum.
Taylor Wimpey are better than Persimmon and Bovis, but in my opinion going by number of issues the next worst at the moment!

[Chlobe88]

Thank you for your input - much appreciated!

We're still waiting on the report from the surveyors and to be honest - I'm dreading it landing in my inbox.

We have vowed never to go near Taylor Wimpey (or the like) ever again and as soon as we able to, we want to sell up and get out of there. The place has been a curse since the day we reserved the plot nearly 15 months ago now!

 

[New Home Expert]

Now would be a good time to sell. Housing shortage, government subsidies, ultra low interest rates.
Also bear in mind that you might have to disclose anything you have had done under the warranty to potential buyers.

[Chlobe88]

Unfortunately, having spent years saving for our deposit we are now in no financial position to sell up.

That, and I'm 32 weeks pregnant with our first baby. Also, surely we'd have to disclose what's currently going on with Taylor Wimpey as it's now an on-going live claim with NHBC?

I hate them!!! I hate them all so much. It was supposed to be our happy first home, the beginning of something new. Instead, I feel like I've spent the majority of the past 6 months crying and being angry and it's only just started....

[New Home Expert]

Yes, your solicitor would have to disclose any claim made under the warranty to your buyer's solicitor if you sold and moved on.

You really should write to Peter Redfern, the CEO of Taylor Wimpey and tell him just how miserable his company and the failings of the staff his company employs have made you.
His e mail address is: peter.redfern@taylorwimpey.com

You may also like to join my Facebook Group for Unhappy New Home Owners

[Chlobe88]

Oh yes, dear Mr. Redfern has been copied into many a moany/complaining email I've sent to our (useless) customer service person at Taylor Wimpey. As expected, I've had nothing from him or any one of his cronies land in my inbox, or post box.

Has anyone ever had a response from him or his "team"?!

I shall be chasing Taylor Wimpey again today for a copy of the surveyor's report. I live in hope.

[New Home Expert]

As I said before you may need to do a  Subject Access Request

[Chlobe88]

They've agreed to send it to me - I have this in writing from Taylor Wimpey!
It's just a case of constantly keeping on their backs as they seem to be rather forgetful - amongst other things.

[New Home Expert]

Well they did also forgot to follow the Robust Details and forgot to check them too!
Good luck with it.