New Build Flat with major plumbing problem discovered after two year warranty from builder

SiobhanA2

Hello all,

Hoping for some advice on a situation I've found myself in. I purchased a new build flat from Bellway Homes which completed in Feb 2018. During lock down (early May 2020 to be precise), my downstairs neighbour mentioned that there was a water mark on her ceiling but it was dry to the touch and we didn't get a plumber out until last week to look at it. On taking my downstairs neighbor's bath panel off, we discovered that the plasterboard underneath her bath is completely rotten and it would appear that the waste water pipe from my bath has been pushed into the concrete floor when it was installed so about 75% of the water from my bath has been effectively pouring into the space behind her shower and under her bath for two years. 

I reported the issue to Bellway whose first response was "You're outside your two year warranty so we can't help you", I pushed back on this because the issue has clearly been there since day one and we couldn't possibly know about it given it's inside the walls and floors!

They then agreed to send out the original plumbing contractor to look at it who have agreed that it's their fault. They tried to book themselves in to come out and just fix the leak next week but herein lies my next problem: they will have to rip the bath out to get to where the leak is coming from, and the bath is in so tightly to the tiles that it will be impossible to do that without breaking tiles. And, of course, my tiles have been discontinued and I've been unable to find anything that would match so effectively, I'm going to have to get the whole bathroom re-tiled to have this problem fixed. 

Despite agreeing that this problem was caused by their contractor, Bellway are now telling me I have to claim on the buildings insurance which has a £250 excess and I have to organise getting two estimates from independent plumber etc. 

Am I being unreasonable to expect Bellway to take full responsibility for the whole problem? Do I have any legal standing to insist that they do so? 

All advice gratefully received! 

Mutton_Geoff

You're not being unreasonable at all. It's a bit of a cheek for them to expect you to use your insurance to cover this (although it will be the freeholders policy, you still pay for it).

They are going to have to sort your neighbours out too, so just press them harder and give them a time limit or warn them you will fix it yourself and take them to small claims court.

searchlight123

check if you have legal cover on your home insurance policy. this is an ideal situation to use this cover. it will soon get this matter sorted out.

shaun_from_Africa

Mutton_Geoff said:

You're not being unreasonable at all. It's a bit of a cheek for them to expect you to use your insurance to cover this (although it will be the freeholders policy, you still pay for it).

There is a good possibility that the problem wouldn't even be covered by insurance.
The wording for the section of my policy covering water leaks states:

Sudden and unexpected water leaking from or freezing in any washing machine, dishwasher, fridge, freezer or fixed domestic water, drainage or heating installation.

and as the leak has been ongoing since the property was built (and before the policy was even taken out), there is no way that it could class as "Sudden and unexpected". Unexpected, yes but sudden?

SiobhanA2

Hi all,
Thanks for your replies! A quick update:

shaun_from_Africa said:

Mutton_Geoff said:

You're not being unreasonable at all. It's a bit of a cheek for them to expect you to use your insurance to cover this (although it will be the freeholders policy, you still pay for it).

There is a good possibility that the problem wouldn't even be covered by insurance.
The wording for the section of my policy covering water leaks states:

Sudden and unexpected water leaking from or freezing in any washing machine, dishwasher, fridge, freezer or fixed domestic water, drainage or heating installation.

and as the leak has been ongoing since the property was built (and before the policy was even taken out), there is no way that it could class as "Sudden and unexpected". Unexpected, yes but sudden?

You're right the insurance company refused to cover the issue as it stems from faulty workmanship. Once I had established this, I went back to Bellway and made it clear that this was their responsibility to resolve. There was a LOT of back and forth between them and the original plumbing contractor M&N over the last week. (My favourite day being the one where Bellway promised they would sort it all out and two hours later M&N phoned me to say they refused to take responsibility for the issue.)
Once I had threatened (nicely and politely) to involve solicitors and CC'd a few senior Bellway staff into my email, it all got resolved very quickly! 
M&N are actually here as I write, sorting out the leak!
Thanks again for your thoughts