We’d like to remind Forumites to please avoid political debate on the Forum.

This is to keep it a safe and useful space for MoneySaving discussions. Threads that are – or become – political in nature may be removed in line with the Forum’s rules. Thank you for your understanding.

PLEASE READ BEFORE POSTING: Hello Forumites! In order to help keep the Forum a useful, safe and friendly place for our users, discussions around non-MoneySaving matters are not permitted per the Forum rules. While we understand that mentioning house prices may sometimes be relevant to a user's specific MoneySaving situation, we ask that you please avoid veering into broad, general debates about the market, the economy and politics, as these can unfortunately lead to abusive or hateful behaviour. Threads that are found to have derailed into wider discussions may be removed. Users who repeatedly disregard this may have their Forum account banned. Please also avoid posting personally identifiable information, including links to your own online property listing which may reveal your address. Thank you for your understanding.
📨 Have you signed up to the Forum's new Email Digest yet? Get a selection of trending threads sent straight to your inbox daily, weekly or monthly!
The Forum now has a brand new text editor, adding a bunch of handy features to use when creating posts. Read more in our how-to guide

House builder is dodgy!!

brainz357
brainz357 Posts: 5 Forumite
First Post
in House buying, renting & selling
Hi. I have a situation and am after the power of MSE forums to guide me. 

We bought a house 4 years ago, it’s 7 years old. We bought it from the people who bought it from new. 

This week we discovered the developer plumbed the kitchen sink into a rain water soak away!! That soak away is now totally clogged with grease and grime from the last 7 years. The kitchen sink no longer drains.

It will need an 18m pipe dug round the house to connect it to the correct drains and maybe the rear rainwater soak away replaced. 

The developer has washed their hands of it and has told us to use the 10 year warranty on the building. We have started that process and their excess is £1100!!!

The developer is clearly at fault. Ideally I want the developer to fix the problem or pay the excess. 

So here is the question, can I take the developer to small claims court for the £1100 excess?  

Or do I have any other options available to me? 

Cheers
«1

Comments

  • user1977
    user1977 Posts: 19,382 Forumite
    10,000 Posts Seventh Anniversary Photogenic Name Dropper
    No. The warranty is all you've got.
  • brainz357
    brainz357 Posts: 5 Forumite
    First Post
    user1977 said:
    No. The warranty is all you've got.
    Why is that? 
  • Doozergirl
    Doozergirl Posts: 34,082 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 19 August 2021 at 10:29PM
    brainz357 said:
    user1977 said:
    No. The warranty is all you've got.
    Why is that? 
    Because the builder can wash their hands after two years; that's still more than you get with a previously used home.
     




    Everything that is supposed to be in heaven is already here on earth.
  • user1977
    user1977 Posts: 19,382 Forumite
    10,000 Posts Seventh Anniversary Photogenic Name Dropper
    edited 19 August 2021 at 11:41PM
    brainz357 said:
    user1977 said:
    No. The warranty is all you've got.
    Why is that? 
    Because you've never had a contract with the builder. Not that, in this case, you'd be in any better position even if you had been the original buyer.

    If you had had a survey done, and if that survey ought to have spotted the problem, then you may have a claim against your surveyor. But given it's taken you four years of living there to spot the problem, that may be clutching at straws.
  • Thrugelmir
    Thrugelmir Posts: 89,546 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Perhaps the previous owners had a similar problem. 
  • pinkteapot
    pinkteapot Posts: 8,044 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Photogenic
    With new-build warranties, the builder is responsible for the first two years and the warranty company for the following 8 years. That’s just how it works. 

    You’re lucky - if you’d bought the house in three years’ time you’d have to pay the full cost of the work, not just the excess. 
  • AdrianC
    AdrianC Posts: 42,189 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper
    What did your survey say?
  • RelievedSheff
    RelievedSheff Posts: 12,879 Forumite
    10,000 Posts Seventh Anniversary Name Dropper Photogenic
    As others have said you have no come back from the developer. The warranty with NHBC, or similar, is your only come back.

    Have you got quotes to do the works from local companies? You may find the costs of the works is less than the excess for your warranty claim.
  • pinkshoes
    pinkshoes Posts: 20,671 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    The warranty is one route or if you could prove he previous owner  knew about this issue and didnt declare it then you might have a case against them.
    Should've = Should HAVE (not 'of')
    Would've = Would HAVE (not 'of')

    No, I am not perfect, but yes I do judge people on their use of basic English language. If you didn't know the above, then learn it! (If English is your second language, then you are forgiven!)
  • Irishpearce26
    Irishpearce26 Posts: 885 Forumite
    500 Posts Name Dropper
    pinkshoes said:
    The warranty is one route or if you could prove he previous owner  knew about this issue and didnt declare it then you might have a case against them.
    Wrong, as a seller you have no legal obligation to disclose anything. Its up to the buyers to carry out due diligence. 
★ ★ ★ Meet your Ambassadors

🚀 Getting Started

Hi new member!

Our Getting Started Guide will help you get the most out of the Forum

Categories

  • All Categories
  • 354K Banking & Borrowing
  • 254.3K Reduce Debt & Boost Income
  • 455.3K Spending & Discounts
  • 247.1K Work, Benefits & Business
  • 603.7K Mortgages, Homes & Bills
  • 178.3K Life & Family
  • 261.2K Travel & Transport
  • 1.5M Hobbies & Leisure
  • 16.1K Discuss & Feedback
  • 37.7K Read-Only Boards

Is this how you want to be seen?

We see you are using a default avatar. It takes only a few seconds to pick a picture.
Update Your Picture