Can anyone tell me where i stand with this.

rebeccaxoxo

I bought a brand new two bed flat from bellway in December and ever since we bought it there has been problems with the pipes creaking, due to it being a newbuild.
They have tried to fix it several times but the issue only happens when upstairs put their taps/ shower on etc. It is now loud banging rather than just creaking and upstairs refuse to allow access for them to fix it as they would need to take up their floors ( and we cant make them, tbh i prob wouldnt be happy if that was me either)

So where do i stand?
I paid full price for a flat under the impression there was no problems, bellways attitude is that because they have offered to fix it but upstairs wont allow them then its not their problem anymore, and Bellway cant make them let them rip their floors out.

I feel it unfair that I paid full price for a flat that has issues that are obviously irritating to us and going to put off future buyers?

HELP !

Richard_Webster

It is most likely that there is wording in the lease giving the landlord a right of access to other flats to carry out works and they should simply insist that the other lessee allows them access under that provision in the lease.

evoke

It IS Bellway's problem. Get them to sort it. End of.

rebeccaxoxo

There isnt a lease as far as im aware as these are bought flats not rented. They acknowledge its their problem but says they cant fix it as they cant make the other flat give them access, so im at a total loss.
Would i be better going down a legal route to see if theres a possibility in them giving us money to reduce the original sale price, because this flat is not up to the standards they said it was?
Im so stressed out by this, it has been goin on for months, ( at the same time ive had a baby ) grrr

mark5

is the flat leasehold or freehold?

rebeccaxoxo

thanks for the reply mark but i have no knowledge really when it comes to things like this , just from having a quick look online it looks like we are leasehold as we pay a factors fee ?

rebeccaxoxo

in fact , i appear to be neather, i think i actually have a commonhold property?

sooz

I guess you are in Scotland? As far as I understand, the factor is your managing agent?

What does the factor say about the problem? They should be involved in problems with the building.

If Bellway can't get access to under the floorboards of the flat upstairs, have you considered getting them to fix it by removing parts of your ceiling, & replacing it once fixed?

rebeccaxoxo

hi sooz,
the factor say they have nothing to do with it and again they cant make the flat above give access either. Ive said to bellway about the ceiling, but they said that theyre not able to fix it that way . Im completely stuck

and yes im in scotland.

climbgirl

Have you personally spoken to the upstairs neighbours or is it Bellway who's asked them to rip up the floors? If it's always been Bellway, maybe try speaking to them yourself.

It might be harder to say no to the person impacted by the problem, rather than having an anonymous person from a company calling them.

Worth a try anyway.

rebeccaxoxo

ye climbgirl uve got a very good point, im just not very good at those kinda things, i get easily embaressed haha. I'll definetley have to do that tonight tho, cant take this stress anymore, a 10 week old baby is plenty.