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Construction Flaws
30/11/2016
2:57 pm
moyeni
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17/04/2013
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I purchased a property for BTL investment purposes off plan and this property was completed middle of 2011 for tenant occupation.

Yesterday my tenant informed me of a serious water leak that was seeping through the floors. The plumber who attended to the matter had to break open walls and floors in the main bathroom to source the cause of the leak. He reported (with photographic evidence) that the  plastic toilet filling valve was cross threaded at construction - causing a slow leak into the floor and walls which created a thick layer of mould in all affected areas.  However, the main cause of the severe leak yesterday, was due to a soldered joint across two brass water pipes that failed as it was not fully fluxed when first made. This joint finally came apart yesterday adding to the damage and seeping through the apartment ruining walls, floors and carpets.

The company who manages the building and charges all owners a levy for building insurance has refused to entertain my claim that the matter is as a direct result of an initial construction fault and states that all damages are for my account as the fault lies within the property.

 Could anyone offer me advice on how to proceed with this. 

30/11/2016
7:16 pm
Landlord001
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I understand that new builds come with a 10 year builders warranty for these sorts of issues and for mortgageability with the issuing of a PCC (Professional Certificate of Completion) supplied by the architect - so I would go in search of all warranties as a first resort given the age of the property.

Somewhere in the head lease it will say who is responsible for keeping the building wind and watertight.  It would be worth exploring their full definition of 'watertight' and 'escape of water', I'd say.

Sounds like a nightmare - so sorry to hear of your distress.  Let us know what happens next.  Good luck!!

 

001 

01/12/2016
2:44 pm
PaulBarrett
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The building manager is talking rubbish

I had 4 flats all affected by floods caused by defective workmanship when the flats we're built

It cost the block insurance company over £35000 in repair costs

I paid NOTHING

Not even any excesses!

Block insurance pays for all repairs

01/12/2016
3:18 pm
moyeni
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I agree with you Paul, except they are hiding behind the "it's an internal issue" and therefore not covered by them. The Building Block Insurance did cover water damage, that occurred in  the same apartment, when the shower basin from the unit above proved equally defective and leaked water into my bathroom. It cost over GBP3000 to rectify. But I had to pay a GBP250 excess. 

I phoned the Leasehold Property Management group today and threatened them with the Property Ombudsman unless they could supply me with the exact clauses that allow them to repudiate a latent build flaw. 

They are trying to force me to approach the developer. I told them they could if they felt he should be liable for them honouring my claim. 

I was told that's "not how things are done in the UK". I am a South African living in Johannesburg and no doubt they would like to take advantage of my presumed ignorance. 

I counter that ignorance by being a member of organisations like yours :)

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