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Loss of water - Gradually operating cause rejection - 3 year old home

Hello,
Looking for some advise. I have a 3 year old home and a leak was spotted from water on the ceiling of the in built garage under the bathroom. I went to my insurance company (as new homes fixtures warranty only lasts 2 years) who raised a claim and sent a surveyor. The Surveyor said the damage we pre-inception and I therefore had to contact my previous insurers. 
My previous insurers used the same surveyor however they have rejected the claim due to the leak being a "Gradually operating cause". I understand this is an exclusion in the policy however what was I supposed to do if the leak was undetectable? It was behind a tiled area and the floor has a concrete layer (hence it took ages to drain through). Is there any way this can be covered by the 2 year warranty instead as the leak has been supposedly been happening from when the house was only a year old (no idea how then can tell this and assume it has actually been happening from the day it was built). I dont really understand the point of pre-inception if its then overruled by gradual cause. 

I'm so frustrated that this is a leak that was clearly an issue with the original build and i'm not covered by any policy. 

Thank you,
Dan

Comments

  • davidmcn
    davidmcn Posts: 23,596 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    I expect the terms of the 2 year warranty are that any defects have to be intimated before 2 years are up.
  • huckster
    huckster Posts: 5,014 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    Cause of leak ? Broken pipe or faulty connection or problem with materials applied to make bathroom watertight ?
    Do you have accidental damage cover on your Buildings Insurance ?
    The comments I post are personal opinion. Always refer to official information sources before relying on internet forums. If you have a problem with any organisation, enter into their official complaints process at the earliest opportunity, as sometimes complaints have to be started within a certain time frame.
  • huckster said:
    Cause of leak ? Broken pipe or faulty connection or problem with materials applied to make bathroom watertight ?
    Do you have accidental damage cover on your Buildings Insurance ?
    Was a leak in the water feed to the toilet from a faulty joint. Yes I have accidental damage included. 
  • huckster
    huckster Posts: 5,014 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    Have you read this from the FOS ?
    https://www.financial-ombudsman.org.uk/businesses/complaints-deal/insurance/home-buildings-insurance/gradual-damage
    You could go down the complaints route and say you will involve the FOS to review the claim, unless they agree to look at your claim again. 
    The comments I post are personal opinion. Always refer to official information sources before relying on internet forums. If you have a problem with any organisation, enter into their official complaints process at the earliest opportunity, as sometimes complaints have to be started within a certain time frame.
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