Structural Problems...

[jamesiebhoy]

Hi everyone,

First post so go easy

So I purchased a new build property in November 2015.  3rd (top) floor flat.
On getting in to see the property, even before the keys were handed over, I noticed that there was a very noticable slant from the inner to the outer walls.  I reported this at the time and was told that it was part of the settlement of the building and that it would be addressed after the first year had passed to allow time for the settlement to complete.

So a year passed and the defects (cracks and other stuff) were getting addresses but still no one really mentioned what would be done with this slant throughout the property which had gotten steadily worse over the course of the year.  Various visits have taken place since with most folk saying that they havent seen anything like it before and not sure what the issue is.

Things have come to a head when I started to get somewhat ratty about how long the issue was taking etc and so eventually had a visit yesterday from one of the directors of the building company who has told me what the plan is  to resolve he problem. 

The timber frame company and the contracting builder want to move me out of the property for 2 weeks and empty the property of all my possessions to allow them to get the floor up and find out what is happening underneath it. 

They are satisfied that the building itself is structurally sound.  This has been an ongoing saga and caused real stress over the course of the last 20 months which the builder acknowledges.  Actual action being taken only seems to have gained momentum since I talked about contacting local press and of compensation for the issue.  Yesterday he has offered me (and my partner) £500 for each week that we are out of the property plus £1,000 compensation for the hassle.

So I guess what I'm asking is, is he being reasonable/unreasonable? 
My take on this is that I shouldnt be out of pocket for a penny of this work getting done and I was also advised to not move out of the property for anything less than £200 per day to cover my costs.
 
This not to mention that I am going to have to take the two weeks off work unpaid (as is my partner) plus will have to find kennels for the dogs for the 14 nights and all this before a penny compensation, taking into account the problem over the 18 months and the fact that I literally have to put my life on hold for a fortnight not to mention having to pack everything up beforehand and unpack again once we are back in.  I'm trying basically to find a balance between not seeming greedy but also not wanting to be fleeced by taking much less than I might be due.  If I'm honest I just dont feel that £2,000 covers my costs and the inconvenience that has been and will be caused going forward.

Apologies for the long winded post but just wanted to put people in the frame and hope that they are able to point me in the right direction.

Thanks for any help in advance

James.

[Rdb]

My view on the world - I think youre absolutely right. 
You moved into a property that should have been right day one. 
Whilst I think its unfair that new home contracts generally limit the ability to claim compensation for the inconvience in your case, I would say it is not reasonable access and is excessive to move out of the house (in the context of what you would reasonably expect when you sign the contract).

You shouldn't have to do anything yourself (e.e removals); I would add up all of your out of pocket costs including removals mileage and everything else and put that to them; I would probably accept the additional gesture of £1,000 for the hassle factor because trying to get more than that would take a lot of effort and not yeild much in results.

[jamesiebhoy]

Thanks a lot for your advice Rdb.  So whilst I am likely to stay with a family member for the duration of the move out, the director of the builder that I am dealing with told me that they would pick up all my living expenses for the period of the work (they originally suggested 1 week with all my stuff remaining in the flat and them doing the work on a room by room basis) which has now changed to two weeks and a full move out (not that I was comfortable with leaving all my stuff anyways if I'm honest). If I do live with the family member in question then its in the middle of nowhere and commuting to work is a no go and so with not enough leave left I'm probably going to have to take some unpaid leave. His offer of £500 per week wouldnt even cover the price of a budget hotel in Glasgow City Centre never mind a half decent one and that before I take the two dogs into consideration and getting them put up somewhere.  All this and I havent even eaten yet.  I'm desperate to get this work done but dont want to be out of pocket in doing so.  A pain the backside if im honest

[Rdb]

Leave the family member; that arrangement sounds impractical.  What if it takes longer than 3 weeks or more - I've yet to see a builder stick to a date.
For the ongoing costs, work about the cheapest price for something comfortable and how much it would cost for T&S.
If this was for work for me it would be:
£80-150 per night
Up to £30 for evening meal
Uo to £15 for breakfast
45p per mile

You've also got your removals costs.
And kennels costs (£15ppn?)
Plus your compensation.

What they are forgetting is that its expensive for short term accommodation. If you were able to rent somewhere the price would come down considerably and there would be a reasonable expection of self catering, but that's not your problem and you shouldn't have to lose out.

So for the living costs I dont think the £200ppn (add to that any other family members plus your dog) was a million miles off the mark but then you need to pay someone to remove your stuff and that's not cheap.

But it is hardly surprising the've gone in low.

[New Home Expert]

Here is my 2 penneth!
Firstly, name the builder!  By not doing so, others are not being warned. Unless a lack of sales forces a re think, this housebuilder will just carry on building inadequate new homes requiring others to move out too!

The defect.
Given that you live on the top floor of a timber frame block of flats, I would think that the issues is being caused by steel beams, that don't shrink, an the timber frame which can shrink a lot. From memory, the a 3rd floor would need to have a built-in allowance for "settlement" of around 25-30mm. This would cause the frame to go out of kilter and then the walls would be out of vertical or "slant."

To look to sort this out, the drylining and floors would need to come up and the settlement and steels adjusted. This may involve taking down the internal walls too.
NB Floor coverings or carpets would need to be replaced in my opinion too.

Compensation.
The common industry rate is £80 per person per night, plus the cost of temporary accommodation also covered by the builder.  In addition, all cost incurred should be reimbursed by the builder, including dog kennels, extra travel, removal costs etc.
Many buyers who are also affected, choose to avoid this and use the money to go on holiday for the duration of the works.

Finally a decent payment for the stress and preventable inconvenience should be made.
If we already had the New Homes Ombudsman I have been campaigning for, over the last four years, I would expect a compensation payment around £3,000 to £5,000 would not be deemed unreasonable.

Don't settle low, and get the media involved!

[jamesiebhoy]

So everything that you have just said is exactly what a couple of others that I had up to look at the problem have said as well.

Whats annoying me most is that I reported it before I even took the keys because I knew that it just wasnt right.  They dismissed it as settlement at the time without even looking at it.

The builder is Cruden.  They do a lot of building in the west of Scotland for housing associations and to a slightly lesser extent private developments.

After offering me the insulting £500 per week, my declining it and providing an actual quote, the director that I have been dealing with told me that it excessive yet with your advice  it actually works out less.

Thank you so much for your advice though.  This at least gives me a starting point and a basis on which to proceed.

Can I ask if you would mind me taking a screenshot of your post to send to him?  Totally fine if youd rather I didnt but just something else to back up my case.

Regardless though, many thanks for all of your comments and advice.  They'll hopefully go some distance to me being better compensated.

Cheers,

James.

[New Home Expert]

Feel free to take a screen shot.
I am here to help.
And thank you for asking.