Negligent plumber

DoubtfulNick

Hi,

The letting agent for my flat commissioned a plumbing firm to investigate for leaks in the bathroom after my tenant reported damp walls and floor.
The plumber visited the flat and said he could find no evidence of leaks, and that the problem was caused by rising-damp and condensation. They charged £160 for this advice.

I arranged for a builder to lay a damp-proof membrane, paid up-front for the materials and I removed the floor tiles in preparation.
When the builder arrived on site he said there was no rising-damp, and asked his plumber colleague to pay a visit. His colleague soon discovered a leak in the WC waste pipe, then conducted an overnight pressure test on the boiler which showed there was a further leak in the under-floor central heating pipes.

While this was going on the damp spread into other rooms which was all very costly to repair (and my tenant had to stay in a hotel).

I'm doubtful the original plumbing firm did a proper investigation; by their own admission they didn't remove the bath-panel for instance, or check the central heating system at all.

I'm not really sure where I stand legally here. The original plumbing firm have said they wouldn't even refund the £160 for the original investigation. Can I go after them for the unnecessary cost of the damp-proof membrane, or the damage that occurred in the time it took to get a proper diagnosis?

Any advice much appreciated!

visidigi

As this a business transaction unfortunately consumer rights don't apply.

Aylesbury_Duck

Yes, you can pursue them but you would do so as a business, so you'd be suing them on the basis they didn't carry out the contract rather than because they've breached consumer rights.

Grumpy_chap

https://forums.moneysavingexpert.com/discussion/6659908/negligent-plumber

There could well be a lot of "devil in the detail" here. What exactly did the LA ask the plumber to investigate?

What exactly did the plumber say about "no leaks" and "rising damp and condensation"?

Did anyone undertake any further investigations to verify or differentiate between "rising damp" or "condensation" before committing expenditure to damp proof membranes and such like? This expenditure would not have solved the problem if it was condensation.

How do you know the damp only spread in the time between the first plumber visiting and the builder attending to install the membrane?

How do you know the leak in the toilet pipe was present when the first plumber attended?

Did the request to the first plumber include undertaking an over-night pressure test on the boiler pipes? Was that pipe under the floor within the scope of "investigate leaks in the bathroom"?

What information did the Tenant provide and what steps had the Tenant taken (in accordance with "acting in a Tenant-like manner")?

There could be a lot of "he-said-she-said" in all of this. At best, I think the most you could claim from the original plumber would be their £160 investigation fee.

DoubtfulNick

Many thanks Grumpy_chap. Yes, I'm afraid a lot of those details would be difficult to prove. really appreciate your comments.