Home Report Problem – Subsidence

Tschichold

Hi

We purchased a flat in Glasgow in November of last year. The home report gave 1's for structural movement "There's no evidence of recent or progressive movement".

As soon as we moved in we realised that there was considerable progressive movement and this was confirmed by the neighbours. We should have known that the building was subsiding (there were open cracks in the walls) however we took the Home Report as gospel – and we liked the flat. We got the surveyor round again who sent us a threatening legal letter denying any wrongdoing and our solicitor advised us that there it probably was not worth taking the issue further.

I have now found out that we could have infact taken our issues up with

rics.org

who would have come out and done a free survey and if the two didn't match up then the original surveyor would have been liable for errors. I think!?

There were numerous other flaws with the home report –!two ceilings had to be replaced straight away.

There's still evidence of recent subsidence in cracks in the close. So…

2 Questions:

1. Is it worth taking this up with the ombudsman after all this time – we've covered up most of the signs of progressive movement in the flat (but it's still visible in the close)?

2. Is it common for HR Surveyors to be economical with the truth like this in order for properties to be allowed on the market?

Any help greatly appreciated.

Thanks

G_M

who sent us a threatening legal letter denying any wrongdoing

HE was threatening YOU?!! With what?

If you have done works including "covered up most of the signs of progressive movement in the flat " then it is going to be hard to pursue the surveyor. For that you would need, as you say yourself, professional opinion to combat their report, and that will now be based on how the property looks in its current condition.

Have you discussed this with RICS?

Re your Q2: not so far as I know. What would be the benefit to the surveyor?

withabix

Was this a Homebuyers Report or a Structural Survey?

Thet two are very different things.

Tschichold

G_M wrote: »

HE was threatening YOU?!! With what?
I think threatening was the wrong word. Aggressively deny an wrongdoing would be more apt

If you have done works including "covered up most of the signs of progressive movement in the flat " then it is going to be hard to pursue the surveyor. For that you would need, as you say yourself, professional opinion to combat their report, and that will now be based on how the property looks in its current condition.

Have you discussed this with RICS? I have spoken to the RICS who have said that I could get the original surveyor out again, have a fresh denial of any wrongdoing in writing and use take that letter to the RICS who would then be able to perform their own survey.

The property is definitely subsiding – our windows and doors are now sticking a bit and there's cracks opening in the close and in our property at the corresponding place.

Re your Q2: not so far as I know. What would be the benefit to the surveyor? The whole area has subsidence problems –!surveyors could get struck off EA registers if they started failing all these properties

withabix wrote: »

Was this a Homebuyers Report or a Structural Survey? It was a Homebuyers Report. We asked our solicitor for a structural report but went with his advice that this was not necessary.

Thet two are very different things.

Any advice about the appropriate course of action now appreciated.

Milliewilly

Firstly you should be covered on your insurance / previous owners insurance but that doesn't mean the Surveyor should be let off the hook.

Your first port of call should be your insurer - if they won't pay out eg say its not subsidence then go after the surveyor - a serious defect has been missed, even on a valuation (contrary to popular belief and any disclaimers on the report) the Surveyor is liable.

Filling in the crack yourself is not really an issue as you are legally obliged to mitigate your loss once the defect is discovered.

If there are other properties affected this strengthens your case as the Surveyor should look at neighbouring properties and the road for subsidence.

Tschichold

Thanks.

I think I need to get the surveyor round again and then take this up with the ombudsman.

lincroft1710

Filling in cracks isn't going to halt subsidence! If it is subsidence and not settlement the cause needs to be found and if possible dealt with. Subsidence claims/remedies can take years to reach a satisfactory conclusion. Properties so affected can be impossible to sell except for minimal amount.

Milliewilly

lincroft1710 wrote: »

Filling in cracks isn't going to halt subsidence! If it is subsidence and not settlement the cause needs to be found and if possible dealt with. Subsidence claims/remedies can take years to reach a satisfactory conclusion. Properties so affected can be impossible to sell except for minimal amount.

Yes thats true so you have to be compensated for the loss in value as I was.

Milliewilly

Tschichold wrote: »

Thanks.

I think I need to get the surveyor round again and then take this up with the ombudsman.

The Surveyor will deny everything. The way to deal with this is via a solicitor. RICS won't do anything either.

keith969

Milliewilly wrote: »

The Surveyor will deny everything. The way to deal with this is via a solicitor. RICS won't do anything either.

Indeed RICS will try and sweep it under the carpet, they are a gentlemen's club and will protect their ilk.

Fire_Fox

Tschichold wrote: »

H

There were numerous other flaws with the home report –!two ceilings had to be replaced straight away.

There's still evidence of recent subsidence in cracks in the close. So…

2 Questions:

1. Is it worth taking this up with the ombudsman after all this time – we've covered up most of the signs of progressive movement in the flat (but it's still visible in the close)?

2. Is it common for HR Surveyors to be economical with the truth like this in order for properties to be allowed on the market?

Any help greatly appreciated.

Thanks

Why on earth have you covered up the subsidence? If this is a flat is it leasehold? If it is leasehold have you contacted the freeholder who has liability to maintain the property? Do you have legal cover on your home insurance policy?