Completed on new build today. Place is a dump

lynzpower

As its a shared ownership property, Id imagine the housing association as much as you need to be clear on thier "investment" Id be asking for a fulll structural survey with electricians report at the least.

It would need to be independent too.

Your solicitor may well be correct they havent broken the terms of the lease ( do you have a copy of the lease, have you read/absorbed/ understood it?)

My SO lease mentions scratch all about the property, more to do with a) what Im able and not able to do in the property b) who can and cant live here c) onerous clauses ( pets/ mustical instruments/ sky dishes blah blah.

It gives NOTHING about what the HA are expected to do. In terms of that ( in my case) theres a handbook and a complaints pack/ brochure.

I dont know if the HA would be responsible here. Im thinking out loud here.

Is the property built by
a) a developer
b) the housing association themselves

reverend

Thanks lynzpower,

I will ask my solicitor if he thinks the HA should pay for a full structural survey. If not, i will want to get one done anyway, as long as I can stretch to it.

I did read and understand the lease, but paid attention just to the terms about rent calculations, staircasing, selling. I need to re-read it and will do that now. From memory, there was not much in mine about the obligations of the HA either.

it was built by a developer (Berkeley Homes) in partnership with Laing O'Rourke.

lynzpower

right well heres the thing

Read your lease and see what it says. you should have a head lease too?
this will be the most important, should outline the rleatioship between berkely/laing & the HA

I bet something interesting comes up there

reverend

That is a good point. I do have a head lease, reading it over dinner....it makes interesting, if slightly sleep-inducing reading

clutton_2

re-reading the original post - it seems to be there is a clear insurance claim. Am i to assume that the block is owned by the HA in total ? As the flat above is un-tenanted, then the developer can claim these repairs on his insurance. If it had been the upstairs tenants washing machinen gone bust, then s/he could have claimed off their insurance company for damage to your flat. As it was caused by the developer - then their insurers are responsible - you are not responsible.

Either way, you should NOT be spending one penny piece of your own.

I am surprised your solicitor is not discussing this with you.

Your ONLY "card" is not to move in - let the repairs be repaired, then move in, then argue as to who will pay for what Inconvenient as this may be, this is your only leverage against the developer/HA to get it sorted out quickly. if you reduce by half the amount of rent you are meant to be paying due to the inconveneince, this may focus their minds !!!!

terrierlady

this is the date when each of the builders’ regions have to report to their group head office, how many completions, that is homes they have built and sold, within their financial year. This is then released as either final (annual) or interim (half-year) results in their company accounts for their shareholders.

It is crucial for each region to achieve their target number of completions and everything is done to ensure they achieve the required figure. Sometimes directors lose substantial bonuses (and sometimes their jobs) if the target figures are not met. Very often your home is rushed to be finished in time for you to complete the purchase before the 'year-end' cut off date. This can result in a low standard of finish and reduced or forced drying out.

To ensuer the new home is “finished” the Council for Mortgage Lenders’ (CML) initiative now requires builders to obtain a completion certificate. This is issued by an independent Building Inspector, following a satisfactory final inspection of the property and is required before the lender will release mortgage funds. However a cash purchaser may not necessarily have this protection and should ask for the 'CML' before legally completing the purchase of the property.

Buying a new home that is scheduled for completion just before the end of the builder’s financial year or to a lesser extent, half-year, often results in a property being rushed and a poor standard. It is not difficult to assess when a particular plot will be completed. Once the scaffolding has been removed, it is normal for a house to be completed in ten to twelve weeks. Any property you may be considering should therefore be free of all scaffolding before the end of September or the end of March at the latest, depending on the builder’s financial year.

If you are considering an already finished (stock) property during the run up to the builder’s year-end, you are in a good position to get a large discount if you can “complete” the purchase on or before the year-end date. You may also be able to negotiate carpets and other extras as part of the deal.

A large proportion of house builders’ financial year-ends are in December, which is not the best time to move, especially into a newly built home. The builders are usually closed down over the festive period and arrangements for emergencies, should anything go wrong in the first few days, may be limited. It can also be more difficult to sell your current property during the winter months.

When buying a new home at the beginning of the builder’s new financial year be aware that builders may not be inclined to either price realistically, or give good discounts, as they will have time on their side to meet their required sales targets.
all above taken from another web site,author unknown, but in my eyes true never the less!

reverend

Okay I had a look through my lease and the head lease.

Could the cost of a full structural survey and elec report be covered by the HA's insurance?

My lease *may* cover this:

Clause 5(2) states that the building insurance should stretch to, "...including all professional fees in connection with any reinstatement and two years loss of rent".

The Head Lease has something about any restoration undertaken by the developer should restore the place to its exact state before the damage was caused, but is not specific about surveys and so on:

Schedule 6 paragraph 3 states that, "If the premises...shall be destroyed or damaged by any Insured Risk, then...the Landlord (Berkeley) shall reinstate the premises as they were prior to such destruction or damage".


clutton - it looks like the rent should be suspended:

My Lease

Clause 6(7) states that, "If all or part of the premises is destroyed or damaged by fire or any other risks covered by the Landlord's or the Superior Landlord's insurance so as to be rendered unfit for use then the rent...shall be suspended until the Premises are again fit for use."

The Head Lease also states that the rent payable by the HA to the developer should be suspended too:

Schedule 6 paragraph 6 states that, "The rent shall be suspended until "..the premises shall cease to be unfit for...occupation".


You might like to see these before and after photograph's.

This si the place in its current state:


and these photographs show the flat before we completed, in early October, soon after construction finished.

Thanks for everyone's help again. I've just put all of the above in a mail to my solicitor. If he is not interested (and I get the impression he isn't), I wonder if i can employ an alternative solicitor instead.

clutton_2

this is a major insurance claim - you will first of all have to have de-humidifiers in the flat for a few days if not a couple of weeks, to get rid of all the residual moisture which is now in the walls, ceilings, floors etc. - you will be astonished how much moisture you will get out of the air also. You will need to replace all laminate floorings and carpets and underlays and redecorate pretty well thruout. Cancel your rent S/o asap and tell the HA that is what you have done - you are right, rent is not payable on this property while it is being refurbed. BUT, dont offer anything to the HA for the other flat they are offering you - this loss of rent is all part of the insurance claim

Get shouting mate !!!!! this is your home and they HAVE to sort it out !!! it is the developers responsibility !!!!! go kick some a** !!! good luck

reverend

Further to this I am filling in a claim form to claim against the building insurance. I have a number of issues that I want to claim for, and some of them are easily quantifiable, such as the rent I am paying to the HO.

However, some are less tangible, and I have attached arbitrary amounts to them. It is perhaps the wrong place for this question, but i was wondering if anyone had an opinion on whether i have attached the right sums to these points. Please see an extract from my letter below (all points abbreviated)

2. The risk posed to my belongings, which are currently in temporary storage and uninsured against theft, flood and other risks. damages at £1,500

3. The inconvenience of living out of a suitcase for an extended period of time, and the associated stress. not having easy access to our belongings. damages at £500

4. The inconvenience of not being able to take deliveries. damages at £250

5. The time and effort taken to co-ordinate an effort on our part to respond to the calamity, making telephone calls, writing letters and emails, and considering courses of action, and the associated stress. damages at £1,000

6. The ongoing requirement to continue finding time for moving into my home, after two false starts. damages at £207.42

7. The stress caused by the calamity itself. uncertainty of not knowing when the situation will be resolved, and when we will finally be moved in to our home. not being settled in our new home for Christmas. damages at £1,500

am i barking up the right tree do you think?

lynzpower

I think your solicitor would be better placed to decide whether these damages are fair or not, personally I just dont know but I hope so for your sake and in the spirit of MSE.