Plasterboard from ceiling fell down before completion

Lisa21B

Hello,

I recently completed a house purchase.

On the completion date, the agent came to give me the house keys and we were both dumbfounded to see a piece of plasterboard from the ceiling in the utility room fell down.

The seller denied responsibility.

The incident must have happened between exchange and completion.

I visited the house before exchange and the ceiling was intact.

The seller claimed he wasn't accountable for and refused for any repairs.

The agent is my witness and he also took photos..

I am desperate and don't know what to do. I can't afford to pay a lawyer to take legal action.

Please advise

Lola

user1977

What's the cause of it falling down? Is it an insured risk?

eddddy

What do you believe caused the plasterboard to fall down?

If the seller did something that caused the plasterboard to fall down, then they would be liable. (e.g. If they were in the roof space removing their belongings, and they stepped on the plasterboard.)

But if it fell down because of normal 'wear and tear', or poor workmanship, or a water leak through the roof - it's less likely that the seller is liable.



Edit to add...

As above, if it was caused by, say, a leaking pipe, that might be covered under "escape of water" in your buildings insurance policy.

But you need to balance the cost of the excess and the cost of increased future premiums - against the cost of paying for a repair yourself.

And don't contact your insurer unless you're pretty sure it's covered, and you're pretty sure you want to make a claim.

Wonka_2

Lisa21B said:

I am desperate and don't know what to do. I can't afford to pay a lawyer to take legal action.

Why would you need to take legal action ??

If it's obvious that the previous owners have damaged it then you ask them nicely to repair but recognise that they may decline.

If it's less obvious how it was caused then you either claim on your insurance (you were insured from the point of exchange weren't you ?) or you get a local tradesman in to repair/replace.

In the scheme of things it's part of the risk of home ownership but certainly not worth becoming 'desperate' about or considering legal action 

FreeBear

Assuming the plasterboard falling down isn't the result of water damage (from a burst pipe or leaking roof), it will probably be cheaper to get it repaired rather than making an insurance claim or chasing through the courts. Depending on the extent of damage, it might only cost £200 to fix. A decent multiskilled handyman or a plasterer would be your best bet. But decent plasterers are in short supply and the waiting time could be three months or more.

tripled

No need for a lawyer.

If whatever caused the plaster to fall was caused by something your buildings insurance covers, you could try and claim off your policy (but be prepared for higher premiums for the next couple of years).

If the damage was somehow caused through the actions of the previous owner, get the damage repaired, send them the bill, and take them to small claims if they don't pay up.

If it's just one of those things (old plaster perhaps, something not covered by insurance, or you just have no idea or no proof as to what caused it), frustrating as it is, you'll probably have to just suck it up.

Lisa21B

I wouldn't know if the seller did something .

But he had someone to come to remove the pelmets the day before completion and I only assume the workman accidently hit the ceiling with the pelmets while taking them out to the garden.

The roofer said it fell down due to leaky roof which I already knew from the survey report. And also poor workmanship.

I understand you said..it was normal wear and tear but it happened before I signed the contract?

Maybe I should make enquiries to my insurance.

Thanks for the advice.

Lisa21B

user1977 said:

What's the cause of it falling down? Is it an insured risk?

I have to find out from my insurer

babyblade41

I wouldn't waste time going through insurer if it's only 2-300.00's worth of damage .````policy excess will outstrip any worth 

Find the cause, assess the cost first... trying to prove ownership of the problem will take time & stress.

I'm sure you will have a maintenance/refurb pot so time to dig into it & move on. At the end of the day it's a bit of plasterboard , maybe a small leak but the longer you go round different avenues you could have got it replaced/repaired 

eddddy

Lisa21B said:

Maybe I should make enquiries to my insurance.

As I mentioned, it's best not to contact your insurers, unless you're pretty sure the issue is covered by your policy, and you're pretty sure you want to make a claim.

Your enquiry is likely to be treated as "an incident which might or might not result in a claim" and it might be recorded on a central database called CUE, which is available to all insurers.

It might result in you being charged higher premiums in future years - even if you don't make a claim.

Every time you report an incident to your insurance provider – say someone breaks into your shed or smashes a window in your home – it’s recorded in CUE, whether you end up making a claim or not.
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When insurance providers spot ‘incidents’ on your record, they’ll often think there’s a higher chance of you making a claim in the future and so increase the cost of your insurance.

Link: https://www.comparethemarket.com/home-insurance/content/claims-and-underwriting-exchange/

AskAsk

you are responsible for the property once you have exchanged and you would still have to complete even if it burnt down between exchange and completion, and you just get handed a pile of rubble!  that is english law as far as i understand, which is why the buyer needs to insure the property from exchange as he is responsible for it from that time.

you can claim the damage from your insurer.