Problems with the newly built house by Linden Homes - how to solve them?

OmegaA

Hi, all,
I bought a new house and immediately done survey. The survey contractor and I found over 100 defects in a brand new house. While most are not that important - glue drips, sticking out nail, missed paint area, - there are a few more serious: washing machine doesn’t fit allocated place, missing duct for ventilation, some locks don’t work (luckily I already installed alarm)
I was chasing the developer for almost 2 months, even wrote to the local Thames Valley MD of the company, but they completely ignore me
Could you advice me how to take legal action against the builder and what steps I should take before going legal way? My wife spoke to neighbours - some said Linden did not fix most minor problems and the 2-year warranty has run out, I don’t want to end up in the same position
Also, does house insurance cover such disputes? I moved house insurance from my previous house and I have legal cover
Thanks

MrSaver96

You need to review your contract with the developer. Find the relevant clauses which deal with the defects and what, under the contract, the developer is required to do. You should then write them a letter of claim which sets out your dispute and what you want them to do about it. Give them a specific number of days to respond.

Make sure you review any clauses that deal with notices as this will stipulate how you should give notice to the developer and where to send it etc. What your likely to find is that in most building contracts there is an arbitration clause or a clause that requires an independent expert to be appointed on behalf of the two parties to deal with the issues.

Hope you manage to get it sorted - good luck!

P.s make sure that you keep evidence showing you sent notices on any given date.

davidmcn

OmegaA wrote: »

does house insurance cover such disputes?

It might do, but it depends what your policy says, and we can't read it from here....

Fire_Fox

Anything that is a breach of Building Regulations (eg. missing ventilation duct) report to Building Control at the local council. Current and past Building Regs are on the Planning Portal. Apparently BC lose interest within months so get a wriggle on.

ethank

I have heard that some companies are now saying that paint drips, nail pops and tiny issues will no longer be fixed as they are trivial and no builder can offer you perfection. Many issues will also not be taken up if you do not inform them within 14 days of completion.

If you opted to take legal cover as part of your house insurance, then you may be covered for a legal claim in relation to this. I once had to have a difficult conversation with customer service staff and said if not resolved, I will have to go legal and just to let you know we have legal insurance, so its not going to cost me a penny.

CaveatEmptor

I have not written a review before now, having read all the others on Linden Homes, please be fully aware of what you will be letting yourself in for.

I wish something like this was available when we were looking to buy. It would have saved a lot of grief and unhappiness that is the life style of buying a house from Linden Homes aka Galliford Try.

There are no real consumers rights for a defective house. In fact you have more rights over a dented can of beans or defective electrical item, than you do a house built badly (really badly in our case)…………the builders know this. They will not even worry unless you have £60,000 plus to take any Court action against them. In effect they have you over a barrel, the moment you sign the contract.

Their CEO is not interested, their Directors are not interested, and their share holders should be disgusted with how their dividends are obtained. If it was any other form of trading, people would be locked up for such matters. Its despicable, yet goes on every day.

You email them, they never respond………in fact they can not be bothered with your plight whatsoever.

Ours has been 6 full years of hell and misery. It ruins your life, your wellbeing and health, and to be honest nobody cares, and nothing will ever change.

Our property, built by Linden Homes, a subsidiary of Galliford Try was purchased in 2013, and promptly flooded within 8 weeks of moving in. Six years later, and at a cost of over £350,000.00 it has been comprehensively deconstructed, and rebuilt from the outside in, and the inside out. The only original parts left are the roof, timber frame, internal walls and staircases. Working is still on going……….ruined holidays, unable to [lan things, no respite whatsoever.

The ‘small’ list of defects
Incorrect Damp Proof course throughout the whole property – both internal and external.

Lack of fire stops throughout the property.

Foundation breeze blocks just lying in the cavity not cemented in.

Incorrectly installed and illegal mains gas supply pipe

Incorrectly installed and illegal electrical sockets
Incorrect installation of wall ties joining the outer and inner walls together.

Defective and non compliant DPC trays above the garage, every door reveal and most

window reveal, including the utility boxes.

No internal DPC

Lack of structural support from Lintels for each window identified within the property.

Lack of structural Lintel support for stonework above exterior doorways.

Ineffective and non compliant Radon Barrier.

Non compliant and ineffective weep and air vents for the cavity throughout.

Blocked and ineffective air bricks ventilating the sub structure.

Non compliant drop off area outside the property between groundworks and the DPC.

Incorrectly installed and non compliant chimney/flue.

Kitchen all out of alignment, not installed correctly.
Drain pipes from the roof, just pushed into the garden (literally) no soak away or drainage.

The house was covered in scaffolding for over three and a half years, whilst Linden Homes and the NHBC made their minds up who was responsible for this effort of a house build, and who was going to repair it.

In 2014 a year after we continually asked Linden Homes to repair our property, the back door wedged closed, walls with mould growth on from the water ingress, we sent them an email, highlighting what we thought were defects in the Damp Proof Course (DPC) with photographs, and screen shots from a Building Regulations websites.

Their response was
Dear Mr …………………..

'Your photos have been reviewed and discussed and following this, I can confirm that your home was built in accordance with NHBC standards and that all materials used are specified by Linden Homes and fit for purpose.

Our workmanship and materials get approved by the NHBC through our construction process which is why they are then able to provide you with their 10 year warranty policy.'

We did apply for a Subject Access Request (SAR - see below)

Bearing in mind we received this email, confirming everything was in order. Yet 3 days before we received that email internal emails between Directors of Linden Homes stated the following, openly lying to us in their response about the issues we had. These are all documented on Linden internal emails

'I have a terrible feeling we've not followed the detail and don't know what the next steps would be in trying to answer Mr …………. question.'

Followed by another

' Dear all – if the NHBC Approved engineer's and architect's construction details have not been followed, I do not know what more I can add other than to say the floor should be taken up and re instated in accordance with those details at the screeder's expense'


But no, lets just write back and say to the owner, there is nothing wrong with the property……


The SAR also revealed such damming internal emails between Directors and Heads of Business such as


'Number 1, I wanted to make you aware of this and it's obviously not good, nor is it normal for us to have the NHBC invoke Rule 27, but I have another huge concern about this claim which I'd like you to be party to. The whole scenario with the floor detail in the dining room fills me with dread if I'm honest.
Following the Resolution, C got H to draw an as built detail. This has not been shared with the NHBC, as yet as I would like you to be comfortable that it won't cause us any issues if we do sent (send) it off as shown.'

'If such a thing exists, Mr……….. does really seem to have a Friday afternoon house.’

'Gents. Pls see the disturbing emails below which I need to discuss with you tomorrow. Was it really this bad? Were we rushed? Did it have a QM inspection or was it before we did them?’

I didn't fully appreciate how much of a disgrace this home appears to be!! ................

And if we ever wondered why the house was never retired properly from the outset……

’N…. following a meeting I had earlier with G (G being the site manger) he's now provided me with his thoughts as to why we have the issues we have.......we could have done more with the stonework and whilst G refers to it doesn't mention his thoughts as to the retrospective pointing and how he was restrained from doing more than the minimum by J(J being the New Build Manager)

And when we applied for the SAR their National Customer Services Director has the cheek to write………



'He really is playing games isn't he. Not sure what Mr ……………... angle is – but hopefully Monday’s meeting will draw this out in the open'

Or the best of all………

' I'm lost for words (as I'm sure you are) and now have increasing concerns that these issues not only relate to this house but a number if (of) others.
In advance of our meeting on Monday we will need to consider full time attendance by a competent Site Manager as and when works are rectified as we obviously can't trust our sub contractors without constant supervision. This may be one for G as he 'built' the house in the first place with temporary cover provided at ………….'

So we were lied to, the true nature of the faults were fully known, yet covered up. We were left with surveyors and solicitors fees, when all along Linden knew full well the consequences of their poor build. Works were carried out which undermined the foundations of the property (all hidden and exposed by works in 2017 when the house was externally demolished)

This tale covers every possible avenue of recourse, and to be honest Linden Homes do not give two hoots as to how it effects your life, your social well being, or family life. They offer no compensation, and once they have your money, care little for your concerns or welfare.

Knowing what I know now, my advice is;

1) The first thing I would say, to hit these people where it really hurts is……... DO NOT FILL OUT THE 8 WEEK CUSTOMER SURVEY SENT BY THE NHBC!

This survey is sent out by the NHBC on behalf of the House Builders Federation, (HBF’s) who then use the results to prepare feedback papers and reports, which are used by the Government to gauge public satisfaction with New Builds.

HBF’s national new homes customer satisfaction survey of house builders was launched in 2005 in response to recommendations in the Barker Review of Housing of 2004. It is a self-completion census done by the purchasers of new build homes. Survey results are published annually in March each year.

Obviously things were as bad in 2004 as they are now, and this survey is the prime reason why the HBF issues such statements as below……..
The results of the latest home building industry’s Customer Satisfaction Survey (CSS), carried out by HBF and the NHBC, demonstrate a customer satisfaction level that matches or exceeds those in most other industries or sectors.

This survey is sent out at 8 weeks after completion, and a further survey is sent out after 9 months. Funnily enough the only published results as those from the 8 week survey, when the house is new, seen through rose coloured spectacles, and everything appears to be nice, fresh and clean. Why do you think the initial contact and service from the builder is so good pre - purchase?
They are trying to sell you that dream, which ultimately could be a living hell for years to come. Linden appear excellent at the pre sales pitch, as evidenced by the other feedbacks here, until things start to go wrong and then………………………Then you are on your own.

If the Government and HBF really want to know what a builders service and quality is like, why not wait until you have had longer in the property to see what so called ‘snagging' issues develop and how they are dealt with. Why are the 9 month results not published, and what do these actually reveal………its all a con!

2) If you get problems, think very seriously about getting the house inspected thoroughly by an independent surveyor. This can be expensive but has two purposes.
a) What you think are ‘snagging’ issues could be far more serious, and have deep rooted causes. An independent survey will identify the true faults that the builders will try and fob you off with.
b) The builders have two years to rectify these ‘faults’. If it is anything like ours, they are no more than cheap quick fixes.( in one case downright dangerous, and they covered it all up).
They turn up when they feel like it. You have to take days off work for someone not to even bother turning up, or to do the wrong job. We lost 164 working days over 2+ years for faults never to be rectified properly. The two year time line also takes you out of the period you could take a builder to Court. The Local Authority can on your behalf take a builder to Court for failing to comply with Building Regulations on a poorly constructed property………..within 2 years. So make sure if your house is badly built, you do not get conned into waiting and waiting for them to do so called ‘snagging’ especially if the faults are serious.
if a person carrying out building work contravenes the Building Regulations, the local authority may prosecute them in the Magistrates' Court where an unlimited fine may be imposed (sections 35 and 35A of the Building Act 1984). Prosecution is possible up to two years after the completion of the offending work. This action will usually be taken against the person carrying out the work (builder, installer or main contractor).
c) You can complain to the dispute resolution scheme run by IDRS Ltd and is called CCHBAS (Consumer Code for Home Builders’ Adjudication Scheme)…but guess what you can only do this in the first 2 years!
So you probably now realise, the odds are stacked up aginst you for any enforcement action against the house builders. Everything just seems to work in their favour, and they know this. yet after 8 weeks you filled in the NHBC Satisfaction Survey, to say what a wonderful house you have, and how you would recommend the builder to a friend……….really would you do so now you know what you have let yourself in for.
3) You could write to your M.P. or the Housing Minister. Probably a waste of paper and time. They can do little. The Government has been promising a Housing Ombudsman since 2000, its never happened. We wrote to the Housing Minister in 2014, and had a standard two page reply, extolling the virtues of The NHBC Warranty (more on that later), Financial Ombudsman Service, or take legal action against the builder…………who pays for this?
Since the purchase of our property there have been over eight Housing Ministers. There is no continuity in post, and you always get a standard response from some underling. In fact we had our latest response from the new Minister in January 2019……….exactly the same letter signed by a different person, just wonderful, and yet again promising a Housing Ombudsman. The same letter 5 years later, same wording, same paraphrasing.

4) One of the best things you can do is apply to the builder for a SUBJECT ACCESS REPORT.
This is a Data Protection format, which entitles you to ALL the documentation, emails, phone calls (where recorded) and correspondence the builder has on file. It’s free to you, and very time consuming for the builders Data Protection Office to comply with. We were lucky as we were one of the first to apply for such. Others who did so afterwards got very redacted responses, more akin to a C.I.A. disclosure with pages covered in black ink everywhere.

5) If the NHBC were also the Building Controllers inspecting the property throughout the build process apply for your BUILDING INSPECTION REPORT.
Linden Homes were at pains to explain and extol the virtues of the NHBC inspecting the property whilst it was being built, adding some weight to the quality of the finished product. This was absolute rubbish.

a) The house was inspected 5 times at various key stages and, they identified 4 major structural faults, all of which were signed off as corrected by the Site Manager of Linden Homes………..they never were. One of which was the incorrect ties and the DPC!
b) It will give you some insight as to what was identified as a fault, so if you need a surveyor for problems, then they have a starting point for faults that may never have been corrected.
c) Don’t be surprised if you had very few inspections of the five mandated by the NHBC. Its not uncommon and I have over 18 such reports from other households to prove such.
The following now just shows how flawed the whole system is………
If you find your house has not been inspected properly by NHBC Building Control, you can complain to the CICAIR (Construction Industry Council). This is a two year prolonged wastage of time. You get the same response from separate heads of department, the same letter, just the wording copied and pasted in different areas of the letter. Only when you have exhausted the NHBC Building Control Complaints system, will they GIVE YOU PERMISSION to complain to the body that oversees them.
Yes you read it correctly, the overseeing body of Building Control, needs that organisations authority to investigate a complaint against it! We have had one finding in our favour that the NHBC as the Approved Inspector………..
‘That the Approved Inspector lacked the necessary level of competence and experience required and failed to have the available resources adequately to fulfil the work required for that role'
CICAIR failed to look at other evidence we provided to them, especially a house that had its final inspection on completion, the Approved Inspector noted 2 major structural faults that breached Building Regulations, yet signed these off as corrected that same day, when they were not. They then issued a Building Regulations Compliance Certificate on that very same day. Again all evidenced with the copies of such in hand. We have now had to appeal to the Housing and Parliamentary Health Ombudsman, who two years later is still to even look at it!

So if you have read this far, well done. Its been 6 years of hell. One of us has been hospitalised through the stress. Been given medication that made you suicidal and depressive. Start dates for works have been reneged upon. On one occasion, having waited 6 months for the dud start date it was cancelled with 24 hours notice. We had to wait over three and a half years for the NHBC to eventually start corrective works. These revealed such shoddy workmanship, its a wonder the house stayed up. The main RSJ in the kitchen held up by the kitchen door frame and a 3” piece of breeze block on one side. Lintels just resting on window frames and no other support. When the stone facing was removed, doors and windows just fell out the house, as they were not even secured in place. No damp course throughout the whole ground floor, it went on and on……….even the NHBC structural engineer stated he had never seen a house so badly built………..

We have tried every possible avenue for recompense, admission and liability from Linden Homes building a property to appalling standards. All they did was get their solicitors to send letters. They do not want to know, in fact no one wants to know. The defects were such, it was not even fit for habitation. We are told at one point the house was unmortgable, and not sellable. Best of all, if we tried to sell the property with such defects known to us, and we did not disclose them, we actually commit a Criminal Offence. Recent regulatory changes have brought property sales under the Consumer Protection from Unfair Trading regulations, which came into force in 2008. They protect consumers by requiring traders to disclose everything that might affect a buyer's decision. The Property Misdescriptions Act, which previously applied to property sales, prevented sellers and estate agents making any incorrect or misleading statements that could give buyers the wrong impression about a property. It was repealed in October 2013, amid a push to achieve more standardised consumer protection legislation. If the agent (or seller) fails to disclose information that a buyer later discovers, they could face criminal charges and up to two years in prison.

So Linden Homes can build a home not even complying with Building Regulations, not fit for habitation, which is dangerous and could collapse, and commit no offence in law.
You try to sell it as such and you now become a criminal.
Brilliant absolutely brilliant, …………..still thinking of buying that house???

You can go to the papers, get your your 5 minutes of fame, but nothing will happen. You will read about such stories, time and time again, year after year. Nothing happens, no one wants to stop it, and builders and their shareholders are laughing all the way to the bank at your expense and health.
When you move into your New Linden property every house gets a nice folder entitled 'Moving In and Enjoying My New Linden Home (sic)
Page 10 - 'FOR EXTRA REASSURANCE'
“Essentially this means you could be entitled to compensation, if we encounter problems finishing your home, and any issues once you have moved in, that are our fault will be put right. We know this is the worst case scenario, but it gives everyone peace of mind just in case something does go wrong”

It should read when it does all go wrong………………..go swing on it, its your fault for buying it?

It makes you laugh really, their latest sales pitch when buying a brand new Linden Home is
'No sorting someone else's DIY disasters or dated decorations - you've got a blank canvas to make your own’

SHAME THEY CAN NOT SORT OUT THEIR OWN ‘IN BUILT’ DISASTERS BEFORE THEY ACTUALLY SELL IT TO YOU?'

OmegaA

Thank you for the post. I was advised to get in touch with NHBC. I sent them email. They claim in their website to come back within 28 days and they will fix all problems if the builder doesn’t

[Deleted User]

You definitely need to read the previous posters thread that relates to this company, it will stand you in very good stead going forwards with this.

CaveatEmptor

How are you getting on with the NHBC and builder over your issues?

Mutton_Geoff

I bought shares in Galliford Try as I had high hopes for their future growth but all the shares have done is fallen to less than half their price since their most recent peak in July 2015.


https://uk.finance.yahoo.com/quote/GFRD.L/

CaveatEmptor wrote: »

How are you getting on with the NHBC and builder over your issues?

The OP hasn't been back here for almost two months. Not sure they will respond.

CaveatEmptor

I think you will find they will go up quite a bit, as news is Galliford Try want to buy Bovis and merge it with Linden Homes..................there are plenty or articles on this. They want to be one of the biggest construction companies for new builds!