advice required.

wayne99

Hello,

I need some advice if possible, we live in a new build house (bovis homes) we moved in in march 2008, it is a housing association property.

Due to the recent weather our loft has become full of condensation and as a result all of the roof lining is dripping water onto the insulation which is now soaked with water, all of the stuff we had in the loft is wet and mouldy.

we have had a chap out from Bovis homes, who said that there should of been vents fitted in the soffits of the roof, and as there is none no air can get in thus causing the condensation etc etc etc, he said that they were not fitted originally by bovis as a cost cutting exersise, and they would be out in the next week to ten days to replace all the insulation and add vents to the roof soffets.

he told me that i would need to make a claim to my insurance provider.

Now i phoned the halifax who we have contents insurance with they have told me that i cannot claim due to damage caused by condensation as its not a one off event that has caused the damage, the damage was caused over a period of time which is not covered in any policy they have.

Iam stuck we have lost now around 3 - 4 hundred pounds worth off goods, clothing, electrical goods and other goods that were stored in the loft, what can i do ? can i make a claim to Bovis homes ? the housing association ? i dont know where to go with this...

I dont want to just accept that i cannot claim for goods that have been damaged as a result of missing vents in the roof soffets, surely i have a claim with someone ?

I have contents insurance with the halifax, no building insurance as thats handled by the housing association we rent from.

if i can make a claim to Bovis homes, how do i start ? is there some kind of template letter ?

any help is appreciated.

wayne.

wayne99

any takers ?

Studlea_Phatt_Katt

As with any complaint, keep it short, factual, unemotive, direct, but most importantly, in writing (i.e. via fax or post.)

Your home probably is covered by NHBC, but the stance is normally within 2 years the builder is to resolve it. As to damaged goods in the loft, I am inclined to agree with your home insurance provider. For example, if a builder’s van down your garden wall, it is their responsibility, not yours.

“Mr. David Ritchie, Chief Executive
Bovis Homes
The Manor House
North Ash Road
New Ash Green
Longfield
Kent DA3 8HQ

Dear Mr. Ritchie,

Re: (Property Address): Loft Ventilation.

I refer you to the recent visit and inspection of our Bovis home by your representative (Name, Date) in which it was confirmed the condensation and subsequent damage in the loft of our Bovis home was caused by insufficient ventilation. This basis of the problem confirmed by your representative was no soffit or other vents being fitted at the time of construction, even though this was part of the design & specification.

Your representative also observed and noted that possessions in the loft have been damaged by the condensation, and so we would ask Bovis Homes to reimburse us for the value of the loss. The figure is £XXX.XX, and the damaged goods are available for your inspection if necessary.

I look forward to having the rectification works (vents fitted, insulation replaced etc.) completed within the next week as advised by your representative, and look forward to receiving your cheque in settlement of our claim against Bovis Homes for the damage caused.

Yours sincerely,”


Give this a try and see where it takes you.

[FONT=&quot]Studlea Phatt Katt.[/FONT]

darich

I've no experience in this type of thing, but if it was me here's what I would do.

I'd record that a Bovis rep visited you and stated that vents were omitted as a cost cutting exercise, If you have his name and position then all the better.
The fact that they're returning to your home to fit vents retrospectively and replace loft insulation damaged by the non-fitting of the vents could, in my opinion, be taken as an admission of fault. Did you ask them to fit the vents and replace the insulation or was it volunteered. If it was volunteered then that's even better for you because you've not had to ask or complain.

I'd write to the head office and detail who stated the cost cutting measures and that Bovis have agreed (or volunteered) to fit the vents and replace damaged insulation caused by the lack of vents. I'd then go on to ask how should you claim for your damaged property. I wouldn't mention your insurance's refusal because it's almost irrelevant - why should you claim from your own policy?

If they argue they won't replace it, they'll be in a position where they're agreeing to replace some of your property (insulation) but not the rest (your damaged items). That's an awkward position to be in.

Depending on their response you could threaten with small claims but that's several steps ahead and you may find they agree to replace your items no problem.....but move quickly because if there are numerous claims they may decide to call a halt if it's costing them too much like the banks and overdraft charges.....the first few got paid but then the banks stopped and fought their corner.

wayne99

thanks very much for the replies,

The offer to replace the insulation, and add vents was completely volentary, the chap just said they should of been fitted before we were able to move in, but as a cost cutting exersize bovis decided not to add them to housing association properties.

With all the problems we have had we have recieved in writing what bovis will be doing and when, do you think it would be best to wait until we have that in our hands before we proceed ? or just start now ?

thanks in advance once again

wayne

darich

If you've been told the letter is on its way to you or will be sent soon, I think I'd wait to see what it says. It may contain an apology , state it was an oversight and they now intend to rectify the situation. They may volunteer to compensate you for any additional items damaged by condensation, or they may give you further ammunition to get them to do it if they don't volunteer.

If you can find out if others are in the same position it might be useful because, like i said, if Bovix suddenly find they're being faced with several hundred pounds of compensation claims from every householder, they might put a stop to it.

Good that they volunteered though. Presumably you phoned them up to ask them about it, rather than them appearing at the door feeling sorry for you.

Let us know how you get on.
Good luck

wayne99

I live in a row of 5 terrace houses, all 5 have condensation in there loft space, 3 out of the 5 now have black ceilings in there rooms due to the wet insulation causing mould.

so in answer, yes there are another 4 homes at least with the same issue i have got, one has already been offered decorating vouchers for the paint work in there bedroom, for which they have refused and told bovis to come and paint it them selves.

wayne.

Studlea_Phatt_Katt

Yes, if you have a definite written commitment to rectify the problem, wait until it is done and then revise the wording I offered above along the following lines: (n.b. equally, if the work is not done, use a version of the original …as per your earlier written commitment…”)


“Mr. David Ritchie, Chief Executive
Bovis Homes
The Manor House
North Ash Road
New Ash Green
Longfield
Kent DA3 8HQ

Dear Mr. Ritchie,

Re: (Property Address): Loft Ventilation.

I refer you to the recent rectification works of our Bovis home. This followed confirmation by your representative the condensation and subsequent damage in the loft of our Bovis home was caused by insufficient ventilation being installed in the property during construction.

First of all, very many thanks for dealing with the root cause of the problem, and hopefully, we shall have no further problems. Unfortunately, as your representative will also have observed and noted, possessions in the loft have been damaged by the condensation, and so we would ask Bovis Homes to reimburse us for the value of the loss. The figure is £XXX.XX, and the damaged goods are available for your inspection if necessary.

I look forward to receiving your cheque in the sum of £XXX.XX.

Once again, many thanks for dealing with the rectification necessary, and please pass our thanks and praise for the courteous manner in which our concerns were dealt with by your reprehensive (name.).

[FONT=&quot]Yours sincerely,”[/FONT]

wayne99

thanks for all your help chaps its much appreciated.

i will keep you posted with what happens.

wayne.

wayne99

Hello,

An update as promised:

I sent a slightly altered letter from above after i recieved the report from Du-Pont and asked bovis homes for £604.95p in settlement of our claim.

Today a letter arived from them saying they will settle in full for the full amount i requested, and they will replace all the insulation and ceilings and paint work if needed.

so a result, i have just posted a letter back accepting there offer as full and final settlement

thanks for all your help guys.

wayne.

Studlea_Phatt_Katt

Dear Wayne,

Very pleased for you, and pleased Bovis Homes responded so promptly and unequivocally.

Studlea Phatt Katt.