Help please!! What are my rights re incorrect survey?

teenstar74

The chimney stack has just fallen through INTO THE HOUSE of a small cottage which I let through an agent!! I bought the house about 2 years ago; surely something this structurally unsound whould have shown up on the survey ~ a chimney does not become that unsafe in 2 years surely?!?! (Fortunately neither of the tenants was harmed ~ thank God!) I do not know the total extent of the damage, and have no way of getting there to survey it myself. If there is somebody out there who knows where I stand, any help would be gratefully received!!

Cheers:beer:



The Dragon!!

ess0two

Probably no comeback at all,2 yrs is a long time.

poppysarah

2 yrs with some of the worst storms for 15 years?

Poorly maintained property more likely to be damaged by strong winds.

What does your insurance say?
Was it a full survey?

Are the tenants ok? Have you rehoused them for the time being?

teenstar74

Well now, theres a surprise!! Since buying the house I don't think I have had one full months rent with one thing and another (damp in bathroom, and other small issues). I knoew the answer already really I think, but hey, we live in hope!! HAppy days!!
Thanks for your speedy response....... I think I'll go and have a beer!!:beer:
cheers
The Dragon!!

ess0two wrote: »

Probably no comeback at all,2 yrs is a long time.

bathgatebuyer

If it was only a basic survey, a surveyor is only responsible for following a trail of suspicion if there are signs of a problem existing. That is, if there's a leaning tower of Pisa clearly visible on top of the roof, he would ahve to inspect or suggest further examination of that. If there were no signs there to start with, he's under no obligation to look. That is for a basic survey.

I seem to remember from uni that there's a 6 yr rule for residential surveyors which came out of some case law. Not my area I'm afraid so can't really be too much help.

teenstar74

Hi
Thanks for that; what a surprise!! Although in that area there haven't really been major storm issues, and the letting company are on a full maintenance contract (the house being in Cornwall and I in Surrey)
The letting co only let me know at 6pm, so will have to contact ins co tomorrow and yes, it was a very full survey ~ I was very aware that it is a stone built Victorian cottage in a previous tin-mining area, so I wanted every possible check done!! My retirement plan..................
The tenants were unhurt (thank God) and the letting co are dealing with the matter of housing them; but if this costs me in any way, I'll be looking at bankruptcy I think.....I'm being hit really hard by the Credit Crunch already ~ I'm a publican!! Oh well, stuff happens; I think I'll go and have a pint!! Many thanks for your help and swift response!!
:beer: Cheers

poppysarah wrote: »

2 yrs with some of the worst storms for 15 years?

Poorly maintained property more likely to be damaged by strong winds.

What does your insurance say?
Was it a full survey?

Are the tenants ok? Have you rehoused them for the time being?

teenstar74

Thanks for that; I was thinking about the 6 year rule myself; I used to be a legal sec...... but I've been out of it quite a while now!! As I've said below, it was far from a basic survey, I do remember being slightly concerned re a slightly squiffy chimney, but, well........ who knows. I'll speak to my ins. co. and my pal who is the solicitor who dealt with teh conveyancing at the time and see where to go next........ however, my next immediate step is downstairs to the bar, where I hope theres a nice cold pint waiting for me!! Many thanks for your help!
:beer: Cheers

bathgatebuyer wrote: »

If it was only a basic survey, a surveyor is only responsible for following a trail of suspicion if there are signs of a problem existing. That is, if there's a leaning tower of Pisa clearly visible on top of the roof, he would ahve to inspect or suggest further examination of that. If there were no signs there to start with, he's under no obligation to look. That is for a basic survey.

I seem to remember from uni that there's a 6 yr rule for residential surveyors which came out of some case law. Not my area I'm afraid so can't really be too much help.

Doozergirl

Better sort out my squiffy chimney stack!

It should take longer than 2 years for the chimney stack to get into that state. Do you still have the survey? Sometimes you can think something wasn't mentioned when in fact it was - I'm guilty of that (squiffy chimney again actually).

I'd try and follow it up properly. Thank goodness your tenants are okay !

chickmug

teenstar74 wrote: »

The chimney stack has just fallen through INTO THE HOUSE of a small cottage which I let through an agent!! I bought the house about 2 years ago; surely something this structurally unsound whould have shown up on the survey ~ a chimney does not become that unsafe in 2 years surely?!?! (Fortunately neither of the tenants was harmed ~ thank God!) I do not know the total extent of the damage, and have no way of getting there to survey it myself. If there is somebody out there who knows where I stand, any help would be gratefully received!!

Cheers:beer:



The Dragon!!

Was it a full structural survey?