Completed on new build today. Place is a dump

reverend

Hello all,

I completed today on a 40% share of a Shared Ownership new build. Today, the day I was due to get keys, I had a call from the Housing Association, who told me that there had been a leak from a flat above, and my carpet had been removed because it was soaked. When we actually arrived, things were worse than the Housing Association thought, and their rep was visibly surprised. Not only were the soaked carpets in a large bin on the balcony, but the light fittings were hanging down to the floor, there were holes punched into the ceiling with screwdrivers (presumably to let a waterlogged roof space drain) and the electricity was off. The place is a real mess, with patches of soaking, sticky underlay on the floor. A brief damage report that i have seen, simply says builders are needed to 'make the ceilings and walls good, and replace the carpet. At the moment, i know nothing more about the extent of damage, time to repair, or how long i need to leave the electricity off.

I am moving in on thursday, and with movers, deliveries and so on planned for tomorrow and wednesday, there is no way i can change this. I have already taken one load of stuff there tonight. I am required to quit my current rental property by 5pm on friday.

The developers, who own the problem because the leak was caused by their workmen in the flat above, have said today that they didnt realise that anyone was moving into my flat before christmas, and thought they had more time to put things right. The housing association are saying that i will have to move in, and the builders will call me within the week to arrange access to do whatever they need to do over the next couple of weeks. I was party to a tense conversation between the housing association and the developers, who were clearly unwilling to talk frankly about the situation whilst I was there.

At the moment, it looks like i am going to have to live in a building site, unable to unpack properly, waiting for repairs to be completed around me, and electricity to be restored. Worse, I don't know the extent of the damage yet, and am worried that I will not be told about damage that may cause me problems later on.

A solicitor friend of mine suggested that I ask my solicitor to request a new survey to assess the damage, and to push for the Housing Association (who have essentially sold me faulty goods) to put me up somewhere else, and store my belonging, until repairs are completed to the satisfaction of a surveyor.

I was wondering what you guys thought?

I feel pretty cheated at the moment. When I first saw the state of the flat, I was a little shocked, but as the day has worn on, shock has been replaced by anger. I feel that the Housing Association should be doing much more to accomodate me, and help to find out in detail what the effects of the leak have been. I know that my new neighbours had already moved in when the leak occurred, and the Housing Association moved them out to alternative accomodation until the repairs are completed.

Thanks for any advice you can give.


rev

Alan_M_2

A solicitor friend of mine suggested that I ask my solicitor to request a new survey to assess the damage, and to push for the Housing Association (who have essentially sold me faulty goods) to put me up somewhere else, and store my belonging, until repairs are completed to the satisfaction of a surveyor.

I completely agree with this statement, it is grossly unreasonable to expect you to move into the premises as they stand, correcting the property around you is simply not an option.

The fault is not even at question here, get onto your solicitor in the morning immediately. Make a note and keep reciepts for any expenses you incur as a result of this problem.

The builder will have insurance to cover this eventuality, it will be a requirement of the HA that they do, all claims and expenses will be covered by this insurance.

Do not move in, do not agree to move in until everything has been put right otherwise you'll find it drags on no end, whilst you are being put up elsewhere and it's costing an insurance comapny money, the builders will be under pressure to put your property right.

Poppycat

Oh what an awful start for you. I hope you get this sorted out

BargainAholic_2

reverend wrote:

and to push for the Housing Association (who have essentially sold me faulty goods) to put me up somewhere else, and store my belonging, until repairs are completed to the satisfaction of a surveyor.

You should do this, also check whether the property is safe to move into before you do.

If the housing association dont offer to put you up anywhere then find your self another place to stay temporarily & put your belongings in storage. Try to do this for a cheaply as possible. The reason I say this is to claim for any damages you need to have been seen to make reasonable efforts to find alternatives yourself.

You could be awarded damages calculated to compensate for any expenses or other loss incurred when relying on the contract.

Also on the Sales of Goods Act Section 14 (2B) the quality of the goods includes their state and condition.. Quality means for example
Fitness for all purposes
Appearance and finish
Freedom from minor defects
safety
durability

This means you dont have to accept the flat until it is of the quality that you were expecting.

Please dont quote me on this as I am not a legal person at all, I'm just studying Business Law & we have covered contracts & damages etc etc.

You should seek help from your solicitor, but the above should give you a sort of idea on what to ask for.

Good Luck!

BA

Doozergirl

:shocked: I can't believe they let you complete without telling you first!

I bet you're on the phone to your solicitor right now, but there is no way I would move in and I'd be asking your solicitors get everything they can out of the HA. They must have breached the contract in several places by having the place in such a state on completion.

I really feel for you

clutton_2

even tho you say you have to leave your current rental by 5pm - you cannot be forced to leave without a court order, so, explain your circumstances to your present landlord and stay put

in my view the HA are totally at fault and i agree with everything everyone else has said - do not not move in yet. I bet any money the HA knew in advance of your completing that this was the situation

barnaby-bear

clutton wrote:

even tho you say you have to leave your current rental by 5pm - you cannot be forced to leave without a court order, so, explain your circumstances to your present landlord and stay put

in my view the HA are totally at fault and i agree with everything everyone else has said - do not not move in yet. I bet any money the HA knew in advance of your completing that this was the situation

Incidently since you are renting a portion from HA, it's illegal to rent somewhere in this state.
You should be onto your solicitor pronto.

terrierlady

tell the developer you want them to arrange a place to stay, they are aware of the problems as is the rep so i am unsure why they have not contacted you and told yoou all is being taken care of.
Developers have a duty to repair NHBC standards and all that.
When was the CML done on the flat?

reverend

Thanks so much everyone for your advice (and your understanding!).


I contacted my HA today and told them that I was not going to move in until things were put right, and I expected them to accomodate me and find storage for my belongings (and half of Ikea). They have given me the emoty flat next to mine as storage, and are arranging for me to stay in some serviced apartment in the same block, so no complaints there as long as it comes off.

Very interesting points about the possibility that the terms of the lease may be broken, and the rental charge being possibly illegal. I would like my solicitor to advise me on those. Unfortunately he is very unresponsive and particularly unthorough. I have left him a detailed message this morning first thing but not heard back today. I will probably hear from him on wednesday. To be honest I think it will be up to me to see the legal points through.

terrierlady, what is a CML? Is that the lenders survey?

ukbill69

Sorry to hear what your going thorugh, hope you get things sorted soon, thanks.

reverend

Apparently, my solicitor has written to the sellers solicitor (the HA's solicitor) and asked them what they are prepared to do to make up for the situation. I should imagine that they have already done enough by housing me temporarily and finding me storage space. My solicitor does not think they have broken the terms of the lease. This info was relayed to me by one of his secretaries, I have not seen the contents of the letter, and have not spoken to him directly. I get the impression that he sits in a big leather chair and strokes a white cat, dictating the occasional note.

Does anyone have an idea of what kind of survey I should get done to assess the damage? Does it need to be done by a surveyor, or a builder? Also, is it possible I can get this paid for by the HA. I will ask the latter question of my solicitor in an email aswell.

Finally, although this is really one for the solicitor aswell, I wonder if these events could affect my mortgage, which is now live, but of-course I am not living in the property. There is also the question of the rent payments. I have paid the first two months already. Again I will take these questions up with the solicitor, but to be honest, the population of this forum is far more approachable!

Thanks for your help


reverend