Problem with Redrow shower - liability?

ag19lfc

Recently noticed damp and mould in the floor of my bedroom wardrobe. On the other side of the wall is my en-suite shower.

I have removed the bottom row of shower wall tiles and part of the shower floor tiling. Under the floor tiling is orange DITRA matting. Underneath the DITRA matting, the wooden sub-floor is completely rotten and saturated. There is no shower tray that I can see, certainly not one that covers the whole length and width of the shower floor.

There is no evidence that the floor and walls have been tanked for waterproofing. Therefore, any excess water sat on the shower floor has escaped between the floor and wall tiles and underneath. This has clearly been going on for months and months, if not longer.

I have raised a complaint to Redrow and submitted photos of the damage. They have replied and said the photos have been reviewed by one of their "trusted bathroom contractors" who said that the "brown banding around the base of the wall tiles" is evidence of tanking. The brown banding they are referring to is in fact rotten, damp plasterboard that is easily flicked off with a fingernail.  This has been confirmed to me by several plumbers.

I contacted my home insurer who sent a surveyor out. Because my home policy started last month, and the surveyer claimed the water problems started before the policy inception date, my home insurer will not honour the claim.

I am now going back to Redrow to dispute their claims that the bathroom was built to their standard specifications. 

Where do I stand on this legally? The bathroom is the original bathroom that was built when the house was built 11 years ago. I am the second owner of the property. Are Redrow's builders in breach of Consumer law, which states "reasonable care and skill" should be carried out during building work?

Am I likely going to have to pay to get repair work and replacement tiling completed and then look to claim this back from Redrow through the Small Claims Court?

Are there any other options? I have already mentioned Trading Standards and my willingness to pursue Alternative Dispute Resolution (ADR) to Redrow.

MattMattMattUK

ag19lfc said:

Recently noticed damp and mould in the floor of my bedroom wardrobe. On the other side of the wall is my en-suite shower.

I have removed the bottom row of shower wall tiles and part of the shower floor tiling. Under the floor tiling is orange DITRA matting. Underneath the DITRA matting, the wooden sub-floor is completely rotten and saturated. There is no shower tray that I can see, certainly not one that covers the whole length and width of the shower floor.

There is no evidence that the floor and walls have been tanked for waterproofing. Therefore, any excess water sat on the shower floor has escaped between the floor and wall tiles and underneath. This has clearly been going on for months and months, if not longer.

I have raised a complaint to Redrow and submitted photos of the damage. They have replied and said the photos have been reviewed by one of their "trusted bathroom contractors" who said that the "brown banding around the base of the wall tiles" is evidence of tanking. The brown banding they are referring to is in fact rotten, damp plasterboard that is easily flicked off with a fingernail.  This has been confirmed to me by several plumbers.

I contacted my home insurer who sent a surveyor out. Because my home policy started last month, and the surveyer claimed the water problems started before the policy inception date, my home insurer will not honour the claim.

I am now going back to Redrow to dispute their claims that the bathroom was built to their standard specifications. 

Where do I stand on this legally? The bathroom is the original bathroom that was built when the house was built 11 years ago. I am the second owner of the property. Are Redrow's builders in breach of Consumer law, which states "reasonable care and skill" should be carried out during building work?

Am I likely going to have to pay to get repair work and replacement tiling completed and then look to claim this back from Redrow through the Small Claims Court?

Are there any other options? I have already mentioned Trading Standards and my willingness to pursue Alternative Dispute Resolution (ADR) to Redrow.

Unfortunately you have no claim against anyone. You have no relationship with Redrow so you cannot claim against them. You have no relationship with their contractor so you have no claim against them. Houses are "sold as seen" so you have no claim against the previous owners.

This is unfortunately a cost that will fall on you as a homeowner, not fun, but part of life. 

Beeblebr0x

To be clear, is the home insurer correct in what they say?

grumpy_codger

ag19lfc said:

Recently noticed damp and mould in the floor of my bedroom wardrobe.

 ...
I contacted my home insurer who sent a surveyor out. Because my home policy started last month, and the surveyer claimed the water problems started before the policy inception date, my home insurer will not honour the claim.
...

Beeblebr0x said:

To be clear, is the home insurer correct in what they say?

IMO, insurance companies are typically crooks. They possibly spend more money on their legal teams looking for every possible excuse for rejecting claims then on payouts.

All problems start before any visible signs appear. In this context the word 'start' has to mean the moment when the problem becomes apparent. E.g. subsidence starts well before the visible signs of it (cracks) appear.

However, they deliberately use this ambiguous word to use it as an excuse for rejecting claims.

Read the actual T&C in case they are less ambiguous.

jcb208

More chance of going to the moon then getting Redrow to pay and its out of the 10 year NHBC or equivalent guarantee period,Afraid its down to you

GDB2222

grumpy_codger said:

ag19lfc said:

Recently noticed damp and mould in the floor of my bedroom wardrobe.

 ...
I contacted my home insurer who sent a surveyor out. Because my home policy started last month, and the surveyer claimed the water problems started before the policy inception date, my home insurer will not honour the claim.
...

Beeblebr0x said:

To be clear, is the home insurer correct in what they say?

IMO, insurance companies are typically crooks. They possibly spend more money on their legal teams looking for every possible excuse for rejecting claims then on payouts.

All problems start before any visible signs appear. In this context the word 'start' has to mean the moment when the problem becomes apparent. E.g. subsidence starts well before the visible signs of it (cracks) appear.

However, they deliberately use this ambiguous word to use it as an excuse for rejecting claims.

Read the actual T&C in case they are less ambiguous.

Most policies cover sudden events, like fire or a burst pipe. Gradual deterioration, as occurred here over a long period, is excluded.