Abbey New Homes - 9 Months after moving in Garden is Still Not Levelled or Turfed

bindon_blood

Hey guys, just after some advice so I can finally enjoy my new home and hopefully save some money on either legal fees or doing the work myself.

In Dec 15 I purchased a 4 bedroom detached house from Abbey New Homes. Included in the sale was a landscaped rear-garden (graded, levelled and turfed).

Before we were exchanged we were told this work would take place two-weeks before we moved in. There is a large earth bank at the rear of the property, and we were told that surveyors had said the angle-of-repose of it was too steep and a log-pile wall would be constructed retain it (this has been constructed on the flanking properties). The earth bank backs onto two other new build properties (which subsequently collapsed and were fixed by Abbey homes before sale).

Role on some 9 months and my garden has still not been levelled, has not been turfed and the retaining wall has not been built. My next-door neighbour is in the same situation. Abbey have acknowledge that the work needs doing, but their only solution was terraced log-pile walls (around 50cm width), that would occupy over a third of the garden (rendering it unusable) and meaning that the garden’s gradient looked nothing like the plan we bought off.

A second sub-contractor quote was by Abbey for a block-work retaining wall, but their Construction Director has not signed this off. Since then we have had nothing from Abbey other than excuses. In the meantime the earth-bank has started to subside bringing the fence-line with it and the building-site garden is now 5’ deep in stinging nettles and brambles (Abbey said someone would come around to cut it…. Unsurprisingly they haven’t). Our garden remains completely unusable (photos to follow).

The issue was escalated to NHBC and they have inspected it and have confirmed that the angle of repose of the earth bank is outside of their guidelines. But, they have said they can only tell Abbey to resolve the bank, not how to do it. Nor can they order Abbey to Turf the garden or fix the collapsing fence.

What is the best way to proceed with this? Through NHBC for the earth bank and then the small claims court for everything else? Are Abbey New Homes in breach of contract? Do I just pay for the work to be done myself so I can finally enjoy what should have been a lovely garden?

Many thanks for your time,

Tom

AdrianC

Clearly there's a structural issue with this bank, which needs to be fixed - before winter, when further problems are likely to occur. The developer need to sort that.

Then - and ONLY then - can the garden be finished off.

There's nothing to stop you cutting the nettles and brambles in the meantime...

sheff6107

They're potentially in breach of contract but it depends on what was written / said.

You could always get a quote, add on your own time for project management @ £18 per hour and put it in writing to the developer that if they do not stick to the contract and give you a start date you will proceed yourself and bill them or recover through court.

stator

Write a letter before action and send it to Abbey. That might kick their asses into gear

xylophone

In Dec 15 I purchased a 4 bedroom detached house from Abbey New Homes. Included in the sale was a landscaped rear-garden (graded, levelled and turfed).

And in the contract? If so, letter before action as suggested above?

bindon_blood

Thanks Guys,

24 hours after a Resolution meeting NHBC have told Abbey New Homes to have the issue addressed by 18 Sep 16. Abbey New Homes have built the slope with a 30% Gradient and the NHBC Guidelines are 9%! So, I guess my questions are:

(1) How do I make sure Abbey build a proper brick retaining wall rather than some heath-Robinson log-pile terrace? The Plan I bought off doesn't show any terraces.

(2) What is the best route to make a claim for not having a garden for 9 months because Abbey refused to conduct work they knew needed doing (written evidence) and that their customer service/admin was so poor it caused the process to be drawn out? The Builders Adjudication Scheme (linked to the NHBC Warranty Scheme) can only give me £250 while I assume I can get more from the Small Claims Court?

(3) What is "reasonable" to actually claim against - I missed an entire growing season so I'll now need to buy more mature (and expensive) plants. I can't do much hard-scaping in the winter and/or contractors may charge more because the work will be conducted in poor weather which adds even more delays. I bought the garden because I had a large dog - initially we trashed the carpets letting him out into the "Somme" (so they've been cleaned extensively), now we have to take him for a walk 4 times a day so he can go to the toilet - whilst he would normally have at least one walk a day we've lost huge amounts of time over 9 months doing this.

Many thanks for your help thus far. Adrian - I would have cut the brambles but Abbey New Homes said they were going to do it for me out of courtesy. As with the rest of their Customer Service they failed to do so.... Consequently I've left it to them and they now require an industrial strimmer to cut - they've made a job they knew needed fixing even more expensive now as there's at least a morning's labour now clearing the site. Doh!

dgtazzman

As much as I feel your pain, I imagine it will be very hard to evidence financial loss due to the loss of a growing season. I'd be expecting no more than a goodwill gesture for that.

If things don't happen by the NHBC deadline, I would be getting solicitors involved asap, even if only to put on extra pressure.

Finally, on the dog issue, I walk mine 4 times a day as standard for at least 30 minutes, 5 if he's lucky. Throwing him out in the garden to do his business isn't an alternative for some decent exercise. If investing some time into your companion is too much effort...