Homebuyer Survey didn't pick up shower pipes leakage

Jeepers_Creepers

Archishard said:

Following the Homebuyer survey not revealing any major issue, I purchased a property.
As I moved in I discovered the shower leaks through the ceiling, flooding the kitchen floor. For as much as I know, it could even have rotten wood beams and would be considerable damage.

Do you know what can I do? Since the Homebuyer Report didn't pick up this problem, is there any legal action I can initiate?

I have home insurance but I would like to see what other options are available

Your options are:

1) Claim on your house insurance - that's what it's for,

2) Just pay for the repair yourself, or

3) Try and make a claim against the installer, provided you know who it is, have proof of the work, date, etc. I suspect you'll struggle with (3) since the 'contract' would have been with the previous owner. But, you never know - it might have been a plumber with integrity. Or a vendor with ditto who'll be happy to chase the installer on your behalf. I would.

Anyhoo, being sensible, you will have included LegProt on your house insurance, so call them up for advice - see if it's worth even trying to chase the shower installer (who almost certainly made a very basic error...)

If this shower has not been used much, as you suspect, then there's next to no risk of joist rot. In fact, the repair could be as easy as access the faulty pipe coupling that's causing the leak, do this via a hole in the ceiling below, patch it up and make it good.

pinkshoes

Archishard said:

Following the Homebuyer survey not revealing any major issue, I purchased a property.
As I moved in I discovered the shower leaks through the ceiling, flooding the kitchen floor. For as much as I know, it could even have rotten wood beams and would be considerable damage.

Do you know what can I do? Since the Homebuyer Report didn't pick up this problem, is there any legal action I can initiate?

I have home insurance but I would like to see what other options are available

Archishard said:

The leak appeared when we used the shower, the water waste came right through the ceiling below. I don't think anyone ever used that shower before ( the shower was refitted new when I viewed the house )

So which one is it? Is the shower brand new and has not been used before, so leaked upon first use as perhaps it has not been plumbed in properly, or has it been leaking for a long time and rotted all the wooden beams?

Logic says that it is a new shower and they have not connected the waste properly or sealed it properly.

Have you taken the panel off the shower tray and had a look? Is the waste connected properly? Can you see where the water is dripping through? Have you put some towels underneath to dry it out and borrowed/bought a dehumidifier?

Unless there were wet patches all over the ceiling indicating a previous or current leak, then there is no way a home buyer report would have picked this up.

Incidentally... did you turn the shower on when looking around to see if it worked? 

user1977

Jeepers_Creepers said:

being sensible, you will have included LegProt on your house insurance, so call them up for advice - see if it's worth even trying to chase the shower installer (who almost certainly made a very basic error...)

It isn't. There's no such thing as contractors being liable to future owners of the property (unless they've granted a warranty which specifically provides for that - which I very much doubt is going to be the case here).

Jeepers_Creepers

user1977 said:

It isn't. There's no such thing as contractors being liable to future owners of the property (unless they've granted a warranty which specifically provides for that - which I very much doubt is going to be the case here).

I have no idea if that's the case, but common sense suggests it surely cannot be, at least not in every circumstance.

Take it to its logical conclusion; builder fits undersized lintel and wall comes down. Is the builder liable after sale? Plumber installs boiler which has a flue gas leak - is the plumber liable after the house is sold? Sparky leaves cooker body 'live', is ditto?

Plumber leaves waste pipe disconnected which floods a kitchen?

I dunno.

user1977

Jeepers_Creepers said:

user1977 said:

It isn't. There's no such thing as contractors being liable to future owners of the property (unless they've granted a warranty which specifically provides for that - which I very much doubt is going to be the case here).

I have no idea if that's the case, but common sense suggests it surely cannot be, at least not in every circumstance.

Take it to its logical conclusion; builder fits undersized lintel and wall comes down. Is the builder liable after sale? Plumber installs boiler which has a flue gas leak - is the plumber liable after the house is sold? Sparky leaves cooker body 'live', is ditto?

Plumber leaves waste pipe disconnected which floods a kitchen?

I dunno.

You do, I've just told you!

There's no principle that liability kicks in just because the consequences are more serious. Though somebody who is doing, say, cowboy gas-fitting, may face other types of action to stop them.

Jeepers_Creepers

user1977 said:

I have no idea if that's the case, but common sense suggests it surely cannot be, at least not in every circumstance.

Take it to its logical conclusion; builder fits undersized lintel and wall comes down. Is the builder liable after sale? Plumber installs boiler which has a flue gas leak - is the plumber liable after the house is sold? Sparky leaves cooker body 'live', is ditto?

Plumber leaves waste pipe disconnected which floods a kitchen?

I dunno.

You do, I've just told you!

There's no principle that liability kicks in just because the consequences are more serious. Though somebody who is doing, say, cowboy gas-fitting, may face other types of action to stop them.

Thanks user :-)

Blimey, so no liability once the house is sold? End of? Wow.

Ah well, it makes Archi's options easier.

doodling

Hi,

user1977 said:

Jeepers_Creepers said:

I have no idea if that's the case, but common sense suggests it surely cannot be, at least not in every circumstance.

Take it to its logical conclusion; builder fits undersized lintel and wall comes down. Is the builder liable after sale? Plumber installs boiler which has a flue gas leak - is the plumber liable after the house is sold? Sparky leaves cooker body 'live', is ditto?

Plumber leaves waste pipe disconnected which floods a kitchen?

I dunno.

You do, I've just told you!

There's no principle that liability kicks in just because the consequences are more serious. Though somebody who is doing, say, cowboy gas-fitting, may face other types of action to stop them.

I think people need to understand the difference between any form of contractual liability and criminal liability.

Contractual liability will almost certainly end as soon as the house is sold.  The new owner is entitled to nothing in all the cases listed.

Criminal liability, e.g. manslaughter or under the Health and Safety at Work Act could continue.  That doesn't get the issue fixed, it just gets the dodgy tradesman into jail or fined.  Of course, there is the possibility that you could use the possibility of criminal liability as a lever to encourage some kind of financial settlement - you might want to check the law relating to blackmail before you do however.