Problems with house

scuba05

Hi all.

I have a 4 bed semi which I am currently renting. I bought the house on a development in the midlands, closing the sale in March 2004.

Since buying the house I have had nothing but trouble with it.

• The plumbing has been a headache, leaking shower tray, pipes, pump etc.
• The outside plasterwork began cracking and chipping. Fortunately, I managed to have Homebond address this defect.
• The groundwork outside the house is abmismal. The footpaths are cracking, curbing is missing.
• The house is part of a development that has never been completed.
• The roadways in the estate are incomplete. There is a drop of 4 inches from the man holes to the road surface.

The latest was when the occupier contacted me today, saying that during the night, smoke from the livingroom fire had escaped from the chimney column and into the main upstairs bedroom. He, his wife and their infant were sleeping in the room at the time. Fortunately, he noticed the smoke and they moved out of the room.
I am considering taking legal action against the so called developer. I am keen to know if anyone has heard of a home owner taking a successful case against a builder/developer. If so, can a brief synopsis of the facts be outlined.

From my point of view, I have bought a product (in this case a house), that fails to meet the description given at te time of sale. Like most people, I would love to reverse this sale.

Look forward to some feedback.


I

3DataModem

"Consumer law" as we know it does not (generally) apply to house.

However; the issues with the house itself should be covered by homebond.

The fact that the estate is incomplete is pretty much outside of your control.

Re: the roads... have they been handed over to the local authority?

dudara

Moved to Accomodation & Property as I believe that you'll get more targeted advice there.

dudara

scuba05

The greater issues outisde the remit of my house and within the infrastructure of the estate are an ongoing matter. I am fortunate enough not to be living there.
So I am unaware of the state of play between the council and the deveoper.

Jo King

You may be able to sue for breach of contract. The limitation period is 6 years so you may be in difficulty. Another problem you may have is that your contract may have been with a limited company. It may now have been wound up or else have no money to pay damages.
If you go down the litigation route you will have to check out the capacity of the builder to pay damages and see a solicitor immediately. Your solicitor will want to see an engineers report showing damage and the causes of the damage.

scuba05

Thanks Joe.

You have given me something to make enquiries on.