Leak in a new property question....

Sep 15, 2006 5 Replies

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Olly 19 years ago

Hi was wondering if anyone could enlighten me as to who is responsible for the following situation:

I have moved into a flat conversion which is an old building. The flat is on the 2nd floor with another above and below. Except for one of the bedrooms which has a sloping roof. Next door there is another property adjoing my flat. A small cupboard that I have is leaking quite badly, this actually lies under a tiled roof that belongs to next door. This tiled roof adjoins the party wall of the flat upstairs and part of the same development that I am in. There is also a chimney breast that is mostly part of the roof of the flat upstairs but is also part of this tiled roof from next door............. Still following? The leak as far as I can see is coming from the fact that there is no lead flashing between the tiled roof and the external wall from the upstairs flat and that there is also no lead flashing around the chimney breast.

Now the builders are still on site, but say its not their problem, the developer (Golding Developments of Ipswich, Essex) passed it onto the next door neighbour, who in fairness has tried to have a look at it but also says its not his problem. I am still waiting for NHBC to be signed off.

So whos responsibility is it, mine/the builders/next door? and if not mine what course of action do i need to take.

Hope you managed to follow and thanks for any advice

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james 19 years ago

Think about what you would do if you didn't have Internet access. If you can't work out who is responsible then there is something wrong. Why do you feel the need to name companies? I didn't see you naming your neighbour.

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dom 19 years ago

Sounds like a small job could be a big suck on your time to get someone to take responsibility. I'd chuck a few quid to one of the builders to sort it.

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Aidan 19 years ago

You bought a refurbished flat from the Developers (?). Your contract is only with the Developers, it is their problem if the flat is unfit for the purpose for which it was sold, both in respect of the leak or any other latent defects that will become apparent. It sounds like it's all new work and so it couln't reasonably be claimed that you'd bought the flat with existing defects.

You should write asking the developers to please sort it out. If they don't you pay a builder/roofer/plumber and (hopefully, eventually) recover the costs with a small claim summons. I'm sure they'll respond to a polite letter.

The Developer has a contract with a builder, they ask the builder to sort it; if they don't, they employ another builder etc..

Sounds like they're already busy and are just mucking you about in the hope that you'll go away. It needs fixing soon or the eventual bill, whoever finally pays it, will be much larger.

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Stuart 19 years ago

Don't ever get a job in an Advice Centre whatever you do ..................

Stuart

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Sylvain VAN DER WALDE 19 years ago

Ditto. :)

Sylvain.

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