House Idemnity Policy

Peterix

Good Afternoon,

I have been meaning to ask this for a while as I’ve not seen the answer anywhere so here goes, any advice would be gratefully received!

We bought our first (and only!) house almost 2 years ago now (wow, time flies). Since then noticed a few things

1. Windows

The house has double glazing but no guarantee so our solicitor ask for an indemnity policy which after chasing we finally got (although dated a year after the house purchase and does seem a much more general covering policy!). There are a few windows which the seal has gone (condensation on the inside) and a couple that don’t close without a great deal of force. Just wondering how we go about claiming on the indemnity policy, do we get a quote from a window company and then approach the insurance company that provided the indemnity? Also, can we claim more than once? The policy covers the full house value – I expected it to just cover say £10,000 towards the windows, should we claim for the windows, if anything else goes wrong would we be able to claim from the policy at a later date?

2. Wood Burner / Gas Fire

The house has a wood burner in one room and Gas fire in another. We didn’t get any certificate with these, we did ask our solicitor and surveyor about these to ensure they were installed correctly / safe to use. Should we have been given a certificate (especially for the gas)? We have since had the wood burner swept which has flagged that we don’t have a steel plate fitted above the wood burner (where the stove pipe goes into the chimney). It apparently should or it fails building regulations so we are now having to get some quotes to get this installed but the chimney sweep flags some concerns he had with the gas fire and recommended we got it checked. Are we going to have to just fork out for the steel plate and gas safety inspection (or should these already be sorted or are these concerns overhyped and should we leave it?)

Thanks

EmmyLou30

As far as I'm aware (and others may be along to correct me), indemnity policies cover you for any financial losses that arise should the local council or whoever force you to rectify something that shouldn't be there.....so usually an extension done without planning permission, a loft conversion with no building regs sign off, windows changed on a grade 2 listed house without consent, a drive that goes against the restrictive covenant on your property etc etc. So if the coucil come along and force you to rip up the drive, remove your extension or replace the windows with wood ones to comply with the grade 2 listing or whatever then you claim off the policy. The policy does not cover you for poor workmanship. So if the entension falls down you're not covered, the loft conversion turns out not to be safe, and in your case the windows failing because they were crap won't be covered I'm afraid. You take the risk in such house purchases that if they werten't fitted by a FENSA registered person then you take a chance they'll be ok, in your case they unfortunately don't seem to be.

Point 2, see point 1. If you didn't insist on a gas safe check prior to purchase that told you it was safe and met the regs then you have no come back on the vendor. Sold as seen. Annoying but that's how it is. Sorry it's not better news.

lincroft1710

I agree with EmmyLou, an indemnity policy isn't for repairs and maintenance. Also when buying a non newbuild house "caveat emptor" applies, (let the buyer beware), there is no guarantee.

Peterix

Thanks for the reply guys, I am thinking I will need to go back to by solicitor to clarify what I need to do as this was provided due to lack of guarantee on the windows.

I presume if I claim once on the indemnity and then something major comes up it would still be valid?? I don't want to claim £100 for windows and then find that voids a claim to correct an extension that costs me £1000s!

DRP

Peterix wrote: »

Thanks for the reply guys, I am thinking I will need to go back to by solicitor to clarify what I need to do as this was provided due to lack of guarantee on the windows.

I presume if I claim once on the indemnity and then something major comes up it would still be valid?? I don't want to claim £100 for windows and then find that voids a claim to correct an extension that costs me £1000s!

Are you sure?

As other have stated, all an indemnity protects you from is council/Building Regs action.

It is very unlikely it was provided to protect against the lack of guarantee. Neither the window company or the insurance company will be interested in replacing or repairing your windows (unfortunately).

EmmyLou30

Unless the insurance was something else and not an indemnity policy as you've stated (which is unlikely), you really won't have a leg to stand on when it comes to repairs. You'll have to pay for them yourself.
People are often convinced by the EA and a solicitor who just wants to get the case off their desk, that an indemnity policy is the answer to all your problems.....when infact it rarely helps anyone except the insurance companies. Councils don't often come knocking years later chasing illegal loft conversions and extensions unless someone brings it to their attention, so the chances of you claiming off the indemnity insurance is low - hence why they don't cost a lot. It's a licence to print money, they make it a small fee so people pay it to get their house sale through and don't question it. That's how all the best scams work, keep the value low to avoid suspicion but do it millions of times!
So you really won't get any help towards the window costs. They had no guarantee as they were fitted by some cowboy, no insurance will cover you for that as it's far too high a risk.

AdrianC

Peterix wrote: »

Thanks for the reply guys, I am thinking I will need to go back to by solicitor to clarify what I need to do as this was provided due to lack of guarantee on the windows.

The indemnity is not a replacement for a guarantee on the windows.

New windows need to meet buildings regulation standards, and need to be approved. Your vendor had no proof that your windows do or have been, so the solicitor required an indemnity to cover you for the legal expenses involved if the council ever enforced the building regulations. Which, now that more than a year has passed since the windows were fitted, they can't do with out a court injunction, which is incredibly unlikely for just some fairly off-the-shelf windows.

Replacing blown sealed units is normal maintenance, and entirely your cost.

No gas safety certificate is required on sale. Did your survey flag anything regarding the woodburner?

Peterix

Firstly thanks everyone for taking the time to reply.

AdrianC wrote: »

No gas safety certificate is required on sale. Did your survey flag anything regarding the woodburner?

Survey doesn't say a lot unfortunately...

Original Chimney breast have been retained in the property at ground and first floor level

modern reconstituted stone fireplace enclosing gas fire to front lounge

integrated multi fuel burner (in use at time of inspection) to rear living room chimney breast with tiled hearth

Just seem to merely note its existent, which is annoying as we didn't get the basic one but the next one up and specifically asked them to check the wood burner (which I guess would be hard if it was in use and if it was in use would indicate it seems okay)


I think it is all just bad luck that I'll have to chalk down to experience. By the sounds of what you guys say and reading up I guess the indemnity was provided due to lack FENSA certificate and therefore protect against building regs/council rather than dodgy window panes.

I think I will leave the windows a little misted up and shell out the £200 to sort the wood burner (and get HETAS certificate) and maybe the £60 to get the Gas fire serviced.

Thanks again all

Richard_Webster

The house has double glazing but no guarantee

Don't people realise that most double glazing guarantees are worthless and not worth bothering about? Many companies go out of business and start up again under another name so their original guarantees are useless.

As has been said, an indemnity policy only protects against the generally unlikely possibility of enforcement action by the local authority.