How long do I have?

user1977

cmbrookes said:

user1977 said:

cmbrookes said:

I have a leaseholder contract but there's nothing at all in there regarding this. It just states that's its up to the leaseholder to maintain and repair but we've moved into a defective house after the defect period has expired which isn't our fault. 

Not sure what you mean about it not being your "fault" - it's what you did, and presumably you knew that's what you were doing? If there are no ongoing guarantees then it's up to you to carry out any repairs.

And anyway, I'd be looking under the bath to see what the problem actually is - if it's an easy fix then I'd just do it myself rather than insist that somebody else come round, even if they're technically 

Well you presume wrong because nothing was ever mentioned about a defect expiry date and it’s not written anywhere in the contract. I’ve read it with a fine tooth comb.

Ok, but if it doesn't say anything else about there being a warranty, it sounds like it's your problem now.

cmbrookes

user1977 said:

cmbrookes said:

user1977 said:

cmbrookes said:

I have a leaseholder contract but there's nothing at all in there regarding this. It just states that's its up to the leaseholder to maintain and repair but we've moved into a defective house after the defect period has expired which isn't our fault. 

Not sure what you mean about it not being your "fault" - it's what you did, and presumably you knew that's what you were doing? If there are no ongoing guarantees then it's up to you to carry out any repairs.

And anyway, I'd be looking under the bath to see what the problem actually is - if it's an easy fix then I'd just do it myself rather than insist that somebody else come round, even if they're technically 

Well you presume wrong because nothing was ever mentioned about a defect expiry date and it’s not written anywhere in the contract. I’ve read it with a fine tooth comb.

Ok, but if it doesn't say anything else about there being a warranty, it sounds like it's your problem now.

So basically I’ve taken shared ownership of a house that’s defective with out being informed that the defect period has expired. Surely the HA should honour this fact and take some responsibility as they’ve allowed it to expire. As I said has I moved into the house when it was first built during the defect period I’d have sorted all issues out. It absolutely stinks!

comeandgo

Why did you think you had a defective period?  Was it ever mentioned?

cmbrookes

All new builds have a defect period so that any snags can be ironed out. I didn't know there was on until the HA informed us that it started when the house was built. We moved into the house right at the end of the defect period but the HA had the house stood doing nothing for almost a year 

Schwarzwald

cmbrookes said:

user1977 said:

cmbrookes said:

user1977 said:

cmbrookes said:

I have a leaseholder contract but there's nothing at all in there regarding this. It just states that's its up to the leaseholder to maintain and repair but we've moved into a defective house after the defect period has expired which isn't our fault. 

Not sure what you mean about it not being your "fault" - it's what you did, and presumably you knew that's what you were doing? If there are no ongoing guarantees then it's up to you to carry out any repairs.

And anyway, I'd be looking under the bath to see what the problem actually is - if it's an easy fix then I'd just do it myself rather than insist that somebody else come round, even if they're technically 

Well you presume wrong because nothing was ever mentioned about a defect expiry date and it’s not written anywhere in the contract. I’ve read it with a fine tooth comb.

Ok, but if it doesn't say anything else about there being a warranty, it sounds like it's your problem now.

So basically I’ve taken shared ownership of a house that’s defective with out being informed that the defect period has expired…

No, so basically you failed to think:
”this is a new build. They always have faults. Nobody lived in it to detect any issues. The warranty period is one year. I only move in at the end of the year. So all faults i find will hardly be covered by the warranty. I need to cover myself, either reduce the price or get another report done to see how many faults are there.”

it is a bit easy to solely blame the HA now.

eddddy

cmbrookes said:

All new builds have a defect period so that any snags can be ironed out. I didn't know there was on until the HA informed us that it started when the house was built. We moved into the house right at the end of the defect period but the HA had the house stood doing nothing for almost a year 

It would be more accurate to say "new builds have a defect period so that any snags can be ironed out, if that's what the contract says"

It sounds like your contract didn't mention a "defect period" - so you didn't get one.



These are very, very, very long shots, but I guess you could try...

• Complaining to your conveyancing solicitor that they didn't highlight that fact that there was no defect period.

• Complaining that the HA breached Consumer Protection Laws during the sale, by failing to disclose material information which may impact on the average consumer’s transactional decision. (The material information being that the "defect period" had finished.)

(But I suspect that the HA would argue that once you'd received the contract details, you should have realised there was no "defect period" and you still had the opportunity to back out. So no compensation is due.) 
 

cmbrookes

I didn't fail at anything. I'm a first time buyer it's all new to me. I'll tell you what some of the replies you give on here are just down right ignorant. It's the way you put them to people. You wanna get off your high horses, its not just this post. I've seen replies to other people. You talk to people like their thick, people come on here on for advice and guidance, not to be spoken to like a child. 

Also thank you eddddy to the above comment that advice was great even though I don't have much of a leg to stand on, you gave me some honest advice with out sounding like a pompous ar*e. 

cmbrookes

I'll also add that there is a defect period because our liaison officer for the HA has informed us that the defect period has expired with the developer but she understands its not our fault that we moved in at the end of it. I just can't find anything in writing. Thank you to those who are actually taking time to advise. 

cmbrookes

Spoke with my solicitor and she advised that all information is in the report on title. I am covered by the NHBC scheme for 2 years from issue of certificate that the developer must rectify any defects but I need to go through the HA first. If they refuse then the NHBC will step in. 

So I’ve gone back to the HA and told them that I have this in writing and that the 12 month defect period they keep going on about is a load of rubbish. It appears Barratts have been pulling a fast one. 

UnderOffer

When did you move in exactly? If some months ago you may find this plumbing issue is for you to rectify, unfortunately new build or not, leaks do happen. We had this with our boiler/tank that leaked into a downstairs room. Home was only 18 months old but not covered.

NHBC, I thought this covered structural issues, roofs, windows etc., rather than internal problems? I’m sure someone can clarify.