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Developer refusing to fix my new built

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Hi all,

I have been fighting with the developer for over two years now being patient and giving them the benefit of the doubt.

There are still multiple snags but the biggest ones are squeaky/bouncy floors and missing insulation.

Developer is now refusing to fix both after promising to fix the issues for 2 years.

Is there anything I can do at this point?

It's a small developer (only 10 houses)

Below are the videos of the issues

https://www.youtube.com/watch?v=YuKvUVyaUZk

https://www.youtube.com/watch?v=5zj-kl5OwKw

Am I screwed?
«13

Comments

  • Doozergirl
    Doozergirl Posts: 34,075 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Who is the developer? 
    Everything that is supposed to be in heaven is already here on earth.
  • Who is the developer? 
    EMPIRE HOMES (SOUTH WEST) LIMITED


  • ProDave
    ProDave Posts: 3,785 Forumite
    Seventh Anniversary 1,000 Posts Name Dropper Combo Breaker
    The 2 years stalling is significant.  The first 2 years it is the developer that has to fix snags.  After that you have to claim on whatever structural warranty was provided with the property.

    It sounds to me the developer deliberately stalled until the 2 years had expired.
  • BobT36
    BobT36 Posts: 594 Forumite
    Fifth Anniversary 500 Posts Name Dropper
    Is it not based on when you REPORT the issues though, rather than when they bother to fix? Else all of them would just stall for 2y.
  • markin
    markin Posts: 3,860 Forumite
    Sixth Anniversary 1,000 Posts Name Dropper Photogenic
    edited 17 March 2024 at 2:46AM
    Who is the developer? 
    EMPIRE HOMES (SOUTH WEST) LIMITED


    https://www.thegazette.co.uk/notice/4437160


    The foundations went in around july 2016 so going on 7 years to finish 10 houses.

    Still 1 house to sell at 850k, 
    https://suite.endole.co.uk/insight/company/09840045-empire-homes-south-west-limited
  • Doozergirl
    Doozergirl Posts: 34,075 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 17 March 2024 at 8:52AM
    I thought I'd see if they were members of the FMB so you could use their mediation service but I can't see them. 

    I think your option now is probably a letter before action.  Obtain quotes to fix the outstanding work and threaten them that you will have the work carried out by others if they don't sort it within 14/28 days, and then sue them for the cost.  As long as you were within that 2 years when you reported it, you should be fine.  

    The court will also offer mediation before any hearing.  

    To not have even finished the skirting boards is a really poor reflection on these people.  That's not exactly a snag, that's sheer laziness.  

    I didn't watch the full four minutes of squeaking, but I get the message! 
    Everything that is supposed to be in heaven is already here on earth.
  • EssexHebridean
    EssexHebridean Posts: 24,421 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Do you have the NHBC guarantee on this? If your developer is failing to act, then go to them instead. 

    The floors sound suspiciously like nothing is fixed down properly, if at all. 
    🎉 MORTGAGE FREE (First time!) 30/09/2016 🎉 And now we go again…New mortgage taken 01/09/23 🏡
    Balance as at 01/09/23 = £115,000.00 Balance as at 31/12/23 = £112,000.00
    Balance as at 31/08/24 = £105,400.00 Balance as at 31/12/24 = £102,500.00
    £100k barrier broken 1/4/25
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  • Doozergirl
    Doozergirl Posts: 34,075 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 17 March 2024 at 10:18AM
    Do you have the NHBC guarantee on this? If your developer is failing to act, then go to them instead. 

    The floors sound suspiciously like nothing is fixed down properly, if at all. 
    The NHBC warranty doesn't cover those sorts of things.  It's for major structural deficiencies.  

    They don't police the developer either.  
    Everything that is supposed to be in heaven is already here on earth.
  • housebuyer143
    housebuyer143 Posts: 4,254 Forumite
    1,000 Posts Third Anniversary Name Dropper
    These are not snags, they are like major issues! Definitely agree that court action is needed if they don't resolve. You have been incredibly patient.
  • I thought I'd see if they were members of the FMB so you could use their mediation service but I can't see them. 

    I think your option now is probably a letter before action.  Obtain quotes to fix the outstanding work and threaten them that you will have the work carried out by others if they don't sort it within 14/28 days, and then sue them for the cost.  As long as you were within that 2 years when you reported it, you should be fine.  

    The court will also offer mediation before any hearing.  

    To not have even finished the skirting boards is a really poor reflection on these people.  That's not exactly a snag, that's sheer laziness.  

    I didn't watch the full four minutes of squeaking, but I get the message! 
    Do I need a lawyer to write the letter before action?

    Also thank you so much for your help.
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