Blocked drains in new house - known to previous owner

vegasvisitor

Hi

Not quite sure where to post this, as it's partly DIY, but I'm really annoyed more in connection to it being a house purchase issue.

I'm partly venting, and partly wondering what I can do.

We got our keys early August, but didn't move in till later in the month. There's a downstairs bathroom that badly needs refitted, so I just cleaned the suite so we could use the loo etc, but didn't clean tiles etc. We have been using the upstairs wetroom in the meanwhile, as it isn't as old fashioned etc. I did run a bath though recently, just to see how I like the steel bath, as we're having the suite re-fitted and have considered keeping the steel bath rather than replacing it. It's a Kaldewei bath which I am told is quite good, and should keep that over replacing with a cheap plastic one.

Anyway, so I cleaned the bath, and ran a bath, had a bath, drained the bath. Went out to the car and there was a wet area going down the driveway, clearly coming from the drain right outside the bathroom window. I thought 'oh no, not another problem' as this follows on from leaky radiators and a leaking roof (with loft insulation removed from the section indicating knowledge by the previous owner)...etc. So I think, ah, here's another one they've left us, nice. Anyway, thinking it's hard to prove anyway, I call out a drainage company. They came out yesterday, got called to an emergency partway through, left and said they'd get back to me. I was fine with that, emergencies are worse than my problem. So the guy had some time to think, and has now remembered being here before, dating back to 2 years ago and tried to unblock same drain. He has record of this and knows this for sure. He even knows who he contacted about it (third party as the owner temporarily rented the house out through this rental agency). So rental agency will also have record of this. At the time it was impossible to unblock, and they said they needed to dig up the drive. The job was never done, and was instead just left.

You can imagine how annoyed I am now - it's feeling like they've just left it for us (like the leaky roof and radiators), but this is bigger, as it's going to cost a fair bit to lift the monoblocs, have the pipe fixed, and then replace the monoblocs. It's also a nasty inconvenience, as the driveway is also the path to the front door, and we have nice new cream carpets which is another worry.

I called the lawyers very late today, and the legal secretary will need to get back to me.

Any thoughts on how this could pan out?

olly300

Should have come up on your full structural survey to get the drains checked out.

Off course you had a full structural survey didn't you?

vegasvisitor

Sorry, should have said, we're in Scotland and it's home reports up here, so no that wasn't checked as part of the home report. I did look at that to see, but it has 'drain covers not lifted or inspected' or something along those lines. It is normal in Scotland to purchase based on a home report with no other survey. We did have a valuation instructed by the bank too, but that was all.

It's not a terribly old house, 1960 or so. Would only tend to do full structural on Victorian properties in our area.

G_M

Given the paper trail proving prior knowledge by the vendors this is a matter for your solicitor (NOT for a legal secretary!)

I'm not familiar with conveyancing in Scotland, but if like in England, there is a process where vendors are asked to declare any known problems, then they clearly lied and could be sued.

I had a similar problem with drainage from the kitchen sink (it appeared the vendors had been using the sink in the utility room), however unlike you had no proof that the vendors knew there was a problem so I just paid to get it fixed.

vegasvisitor

Thanks GM

Sorry, I wasn't totally clear on that. I called and spoke to the legal secretary. The lawyer was not in the office, so she will speak to her tomorrow and they will get back to me then. The legal secretary is passing the info to the lawyer in the morning. It was going on 5pm when I called.

I think the paper trail is helpful, but I wonder if the 5 day rule for reporting issues would apply.

I'm annoyed, I think it's a rotten thing for them to have done, and I can honestly say I would never have done that to anyone :mad:

eamon

It will cost you money to sue the seller and you may not win. Rather than spend your energy in chasing a probable non goer you would be better advised in getting your drains surveyed and priced to repair (make good) at least this will give you a better understanding. Sorting out drains needn't be overly expensive and at the very least you will know the condition etc. Assuming that access to your property is good (i.e. mini diggers can be used) then you should be talking a good deal less than £2k. Don't forget to get quotes etc.

vegasvisitor

Eamon

Yes, I realise it might not be worthwhile trying to dispute this at any length etc. They gave us a ballpark figure on price, and it is under £1000.

I'm really just annoyed that it has been left for 2 years and not fixed, when the owner knew full well what needed to be done and just decided to sell the house and not bother. We've accepted the leaking radiators, the leaking roof and paid for those repairs ourself without grumbling etc, but we feel this is just a stage too far.

I have a feeling that we will just need to get on with it, but I'm just annoyed and wondered if anyone had any good ideas.

eamon

Lesley

I feel your pain. My current house is a money pit and I'm frightened to remove anymore ghastly wallpaper. I knew to a certain extent to what I had purchased i.e. some windows replaced, guttering, new decor throughout and eventual new bathroom. Talk about uncovering bodged work. So far I've had the windows done and one bedroom redecorated (hence the removing wallpaper scare). An external power cut revealed electrical incompetence hell, four pages of faults! (previous owner was the electrical manager for a housing association!!!) I now have safe electrics. I'm still baffled as to why I have a capped off water supply close to rear garden hedge. I don't think the previous owners had a pond. Oh and the pebble dashing is near the end of its life.

Anyway the best of luck.

Eamon

vegasvisitor

Thanks Eamon

Sounds like you've got plenty of problems too - at least we're not the only ones.

I just wonder how people can live in their houses the way they are - I mean they must have been putting a bucket or basin out every time it rains (or maybe they used to keep one in the loft under the leak...), and the bath water running down the driveway, I found it embarrassing. I guess some folk just don't care.

I really worry that by the time we're done we'll end up just hating the house! It has occurred to me that we may not end up staying here, but there's a terrible shortage of what we want around here because we live in an old part of town and it's mainly huge victorian houses around here and we don't want to leave the area.

Well good luck with your troubles Eamon, hope you get it all sorted.

pararct

End of the day you will have to decide what to do given the advice by your legal expert.

Sounds like you have a case but it to pursue it to court could be both time consuming and expensive particularly as you may have to call independent witnesses.

I would be tempted to get a couple of quotes to do the work picking the most expensive one then having your solicitor write to the vendor explaining the problem, the cost of putting it right and how you know they attempted to deceive you at the time of the sale.

It would be usual to end the letter asking how the vendor anticipates putting the matter right.

If it was me I would be looking for no less than a contribution of 50% of the cost of the work otherwise I would consider it worthwhile progressing the matter to Court.

MobileSaver

pararct wrote: »

If it was me I would be looking for no less than a contribution of 50% of the cost of the work otherwise I would consider it worthwhile progressing the matter to Court.

On what grounds would you sue the vendors?

I can fully understand what the vendors have done seems morally wrong but I'm not sure they've done anything legally wrong based on what we've been told so far.

If he was in England, the OP's solicitor may have asked the vendors whether the drains worked satisfactorily. I don't know if this is the case in Scotland and if it is the OP hasn't indicated what the answer was, which would of course have a bearing on any legal case.