Where do I direct a complaint in regards new build?

mark7144

Hello,

I recently purchased a new build apartment. There was a major design flaw in the plumbing which caused an issue with toilet operations.

This took four months to fix and therefore I'd like to at least try and claim for compensation.

Please can someone tell me the correct authority/ombudsmen I should go to for this?

littlesparkles

Do you have a copy of the builder's complaints charter or process? I was given a copy when I bought my new build. As with anything you can usually only try to claim compensation for actual losses I believe. I am not am expert though!

mark7144

Hopefully I have that lying around somewhere.

I do intend to claim losses. For four months this plumbing issue has prevented me let out my spare room. And I wish to claim for loss of rent for that period.

Is there not a general ombudsmen that deal with such claims for all new builds in London?

Ms_Lu

Try legal ombudsman dot org dot uk
It wouldn't happen to be Taylor Wimpey, would it!?

mark7144

Thanks Lu

No, that other notorious company with 'CS' as its initials. I'd rather not say the full name as to avoid this coming up on a Google alert.

LeafGreen

You could write to the builder setting out the full details of your claim. Give them a period of time in which you would like to see a resolution.

If it does not get resolved, perhaps after a second letter, you could consider making a claim - read the info here to see if it would be suitable... http://www.adviceguide.org.uk/england/law_e/law_legal_system_e/law_taking_legal_action_e/small_claims.htm#Types_of_case_dealt_with_in_the_small_cl

mark7144

I've been phoning a few organisations now. It seems there isn't an ombudsman I can use unless the company in question is actually registered to one.

So all I can do is pursue this legally which no doubt will cost a lot of money.

Richard_Webster

Don't you have NHBC cover or the equivalent?

Builder has to put things right and if he doesn't then NHBC will.

mark7144

NHBC only help when you are struggling to have a problem fixed.

In my situation, the fault has been fixed but it took 4 months and 4 attempts at fixing it. That's 4 months I haven't been able to have a tenant move in so I'm looking to claim for lost rent.

Sampong

NHBC or similair can't take House builders to court to claim for lost rent - if you're looking to claim compensation you need a lawyer.

martinsurrey

mark7144 wrote: »

NHBC only help when you are struggling to have a problem fixed.

In my situation, the fault has been fixed but it took 4 months and 4 attempts at fixing it. That's 4 months I haven't been able to have a tenant move in so I'm looking to claim for lost rent.

did you try and rent the property offering a reduced rent until he problem was sorted?

if not you didn’t try and mitigate your losses, which is the minimum you are expected to do.

Also the developer did not sell you a rental house with a guaranteed rental, they sold you a house, which you have lived in for the 4 months they have tired, to fix the problem (how well they tried is another question) so your chance of getting any compensation for lost rental are so slim it’s not even worth looking at.

I would look at getting something for the inconvenience, but your contract will have stated the need for snagging so even that is down to the good will of the developer. So your request (not demand) will hinge on if the fault was foreseeable or should have been resolved faster, and even then there is nothing you can force them to give you.