(I appreciate this site is for new homes so I hope that questions from a second hand home buyer is acceptable)
Developer: St Modwen
Location: North Somerset
House Type: 4 Bed Detached
House Built: December 2017
I recently purchased a second hand home from a first time buyer. The house was built in December 2017 and was ready for the first time buyer on the 11th December 2017.
My purchase of this second hand home should have completed in September 2019, meaning I would have still been in the 2 year snagging warranty and could have got things fixed. Unfortunately, due to circumstances beyond my control the purchase did not complete until 16th December 2019.
There are dozens and dozens of snags. I have no idea why the previous occupants did not get them fixed. However, these are minor things which I can fix myself. But there is one major issue that has irked me and I would like to get some kind of compensation.
Major Leak
Within 3 days of moving in I had a leak. The en-suite shower was leaking into the utility room downstairs. The water was running down through the light fitting.
Luckily I spotted it before any serious damage had been done. The ceiling looks fine, as does the undershower flooring.
A plumber inspected the shower and noted there were very bad cracks in the grout (honestly I had never seen it during the first three days). It seems that the quality of tiling in the shower was very poor. There is also loose sealant between the tiles and the shower tray.
Contacted Developer
I immediately contacted the developer's customer support and explained that we had only moved in 3 days and asked for them to fix the problem or to assist in anyway they could. They threw the book at me. They stated that the 2 year snag warranty had expired the week earlier. I stated that the previous occupant had vacated the property the month earlier, but they insisted rules are rules - the warranty ran out on the 11th.
This was just before Christmas. I asked for a goodwill gesture but that met with a frosty reply.
I talked to the onsite sales staff. They too were very defensive stating they only dealt with issues within the first 7 days.
I asked to speak to the site manager but they seem to be well protected and unapproachable. I wanted to contact them for two reasons: first to find out if the manager was aware of similar faults with properties on the development, and secondly if he / she was not aware I wanted to inform them that the quality of the tiling was very poor and that they may want to check who did the installation.
NHBC
I already knew these guys would not play ball as they don't cover plumbing. I did register my disapproval - just for the record.
State Of Play
I have now been without the en-suite shower for four weeks. No big deal, but I do have cosmetic damage to the utility room ceiling (where a camera was inserted to inspect the damage) and I now have a whole row of re-grouting and re-sealing to do. All in this could cost me around £450 once the repairs have been done.
I am not happy with this at all. This is an expensive purchase for the location and I was expecting much better quality from the developers. I am seeking compensation even though the 2 year warranty has expired. I am grateful for any advice on this.
Legal Front
As stated I already tried the softly softly approach but had short shrift in return. I am therefore looking at a legal angle to try and get some compensation.
I do not accept that the 2 year warranty is valid for exactly 730 days. It's the same with any other warranty - you do not have to accept the 1 year warranty on a faulty washing machine is final.
I have considered the Consumer Rights Act 2015 but that seems more to protect consumers from traders of goods such as electrical items.
I have also looked at the Defective Premises Act 1972 and I think this one could apply better. The opening section states:
Duty to build dwellings properly.
(1) A person taking on work for or in connection with the provision of a dwelling (whether the dwelling is provided by the erection or by the conversion or enlargement of a building) owes a duty—
(a) if the dwelling is provided to the order of any person, to that person; and
(b) without prejudice to paragraph (a) above, to every person who acquires an interest (whether legal or equitable) in the dwelling;
to see that the work which he takes on is done in a workmanlike or, as the case may be, professional manner, with proper materials and so that as regards that work the dwelling will be fit for habitation when completed.
The angle here is that the original tiling was not done in a professional manner. That initial work had then, on the 19th of December 2019, made the house un-inhabitable for a time (until I had stopped the leak and made the electrics safe).
I believe either or both of those laws / acts could apply here as they are not short time limited. In the case of CRA 2015 the limit is 6 years.
Can anyone provide any advice on this approach?
