[speedski]

Hi all,

Need some advice as this is about to get serious...

We're super busy people and just needed something that works, so on that basis and sick of cold, drafty, moldy houses we bought a new build two years ago.

As a house its been excellent, but its only been a house for about a month - over the two years we have had to be here for 61 working days (12% of total working days!) so that they can fix, replace, repair or even put in what we paid for (we have a defect list of over 160 defects including squint walls, bay window etc).

Additionally the development has suffered with pumping station issues which has resulted in both Christmases ruined and over 8 occasions where all the 'facilities' (toilets, heating, dishwasher, washing machine) are unusable. We've also had sewage come out of the cloakroom toilet and the manhole out front.

It's drove our relationship to the brink, caused work issues, exasperation, exhaustion the works - mentally I am completely and utterly broken. We got a pup of a house and they know it, so much so that I'd buy another as the three neighbours have had 10 defects between them!

Thing is they have had all sorts of issues with staff leaving and now they are very slow to react and turning down everything we say. We believe trying to get compensation out of them is going to be a battle - we know we have a case, but even if we go small claims court how the hell can we quantify the cost/impact?

Anyone got any ideas on best ways to go about this?

Thanks all.

[Watsey]

Don't be nice, be ruthless. You're far beyond the boundaries of keeping it pleasant.

Get a good solicitor who specialises in property law. You'll need to demonstrate the full extent, and frequency, of the issues and how they have affected you and your home. Meet several solicitors before you pick one - pick their brains, ask a lot of questions, get them to be clear regarding your rights, the remedies and compensation that they believe you are entitled to, and get them to clearly set out the likelihood of them securing those outcomes. Tie their right to earn fees to them fully achieving the outcomes.

Posting images and dates on social media, naming the house builder (especially good if it's a national business) may have a real effect, but perhaps consult with your solicitor before going down that route.

Make sure the executive management of the company is involved. If it's a local builder this isn't going to apply, but if it's a household name you need to be in direct with the CEO not the middle management who may want to bury the issue to avoid embarrassment.

Speak with the Citizens Advice Bureau. They can provide good advice and template letters.

Get the NHBC involved. Widely rumoured to be a complete waste of time, but you never know.

Basically I'd come at this with a full armoury.

[speedski]

Originally Posted by Watsey

Don't be nice, be ruthless. You're far beyond the boundaries of keeping it pleasant.

Get a good solicitor who specialises in property law. You'll need to demonstrate the full extent, and frequency, of the issues and how they have affected you and your home. Meet several solicitors before you pick one - pick their brains, ask a lot of questions, get them to be clear regarding your rights, the remedies and compensation that they believe you are entitled to, and get them to clearly set out the likelihood of them securing those outcomes. Tie their right to earn fees to them fully achieving the outcomes.

Posting images and dates on social media, naming the house builder (especially good if it's a national business) may have a real effect, but perhaps consult with your solicitor before going down that route.

Make sure the executive management of the company is involved. If it's a local builder this isn't going to apply, but if it's a household name you need to be in direct with the CEO not the middle management who may want to bury the issue to avoid embarrassment.

Speak with the Citizens Advice Bureau. They can provide good advice and template letters.

Get the NHBC involved. Widely rumoured to be a complete waste of time, but you never know.

Basically I'd come at this with a full armoury.

We already have the MD's details, hes been sent two mails and didnt reply to either - this is going registered with a 14 day response time before a letter before action follows.

Its a major UK brand - who have lied to us multiple times, called us liars, left my partner in the home in -5 with no facilities and ruined two christmas's.

The handrail failed this week, I slipped down three stairs, after looking at the rail they have missed a bracket - asked them to come fit it or post one and ill do it - they basically told me to do one.

They just had to settle for the damage a contractor did to my car and I'm assuming they consider that suitable compensation, even though the car has naff all to do with the house.

We're livid - There is nothing nice to say or do on this anymore.

Appreciate you taking the time to reply!

[MashinBenzin]

@speedski that sounds truly awful, you have my sympathy.

I would say exactly what Watsey says. Lawyer up and make sure you get a good one who is also realistic about your prospects. In the house building firm, escalate right to the top. I know you are busy, but demand that there executive management visit you in the shoddy property that they built.

You say how it's nearly broken you and damaged your relationship. Take a holiday together, as long as you can and the best example of the type of holiday you enjoy (ultimate luxury, ultimate adventure, whatever). Do this after getting the lawyer and escalation done. You will feel that you have things moving and that's the right time for the break. If it's a national house builder then they can chip in with the cost, as a form of compensation, and crack on with some proper fixes while you are away.

[MashinBenzin]

Originally Posted by speedski

We already have the MD's details, hes been sent two mails and didnt reply to either - this is going registered with a 14 day response time before a letter before action follows.

Its a major UK brand - who have lied to us multiple times, called us liars, left my partner in the home in -5 with no facilities and ruined two christmas's.

The handrail failed this week, I slipped down three stairs, after looking at the rail they have missed a bracket - asked them to come fit it or post one and ill do it - they basically told me to do one.

They just had to settle for the damage a contractor did to my car and I'm assuming they consider that suitable compensation, even though the car has naff all to do with the house.

We're livid - There is nothing nice to say or do on this anymore.

Appreciate you taking the time to reply!

I was typing my reply as this one was posted. Forget my last sentence about them chipping in. Clearly a shower or shites who need the full lawyer treatment and then a blast on social media (approved by your lawyer).

ETA. Check out their ownership. Is there someone above the MD such as a board or majority owner.

[Watsey]

If it's a major UK brand then you can create leverage (without fearing the wrath of a 'dusting' from a local builder).

As well as the legal process :

Social media.
Local news channel.
Local 'free weekly' newspaper.
Housebuilding chat rooms.
Put a large sign on your property, facing the road, which details all the faults.
Hopefully you've recorded everything : contemporaneous notes; loads of photos; emails; letters. Get everything on the record.

As MB says, see if there is a parent company. You could also research whether there is a VC/PE investor. Use LinkedIn to find and contact the paymaster(s) above the local CEO. Same for the in-house Legal department. Keep the communication professional, but very clear. Do coordinate/agree all plans and actions with your solicitor - don't jeopardise your rights because of your behaviour (at least, not until your solicitor has had a chance to apply legal recourse).

My best buddy bought a 7-figure house from a national 'executive' house builder and he asked me to snag it with him. This was 2 weeks before Christmas a few years ago. We found more than 400 faults before lunch. Eventually it was all resolved, but it took months and they were well compensated for the inconvenience. Doesn't make it right though.

[speedski]

I'm cautious of social media - purely because I may want to sell up at some point and out plot is quite unique.

To be honest they have fixed most of the issues now, but they insisted we wait till they had before we discussed compensation (got that in writing) and then the guy who wrote it quit and his boss followed shortly after.

what they have put us through is absolute hell but I guess ill need to go through a full lawyer versus a MCO, given than I cant quantify the ask as such.

I have the CEO information too - but I guess should approach the lower level first before dropping them in it, otherwise I can see it being worse for me (its still got NHBC on it after all).

I'm not getting aggressive with them, just factual and to the point. The missus wants the house decorated and I feel like getting them to pay for it

[JD6]

You may well have a legal advice line which comes with your buildings insurance. They are often staffed by lawyers, and since it’s free, it would be a good place to start.

You may also have legal expenses insurance - that’s more of a long shot, as they like to wriggle out of getting involved, but they might take a case like this.

[robbiep]

If a bracket securing a handrail has been missed out, the handrail has then failed causing an accident, and the house was passed as finished to the standards by NHBC / LANTAC / whoever, then that gives you leverage there too - the words 'gross negligence' written by a lawyer tend to get people to get their arses into action.

[NISFAN]

My court date is next month. Sue the mofo's is my advice

NHBC are a joke. Refused to carry out checks to their own standards. Protecting the client.

[McBride]

Sorry to hear about your troubles. It’s really does pay to research who you are buying from as not all developments will be of the same quality.

From past experience I can tell you that the issues with the sewers and pumping station may be completely out of the developers control and there may be a number of contributing factors at play. One of which I would bet a large amount of money will be other people flushing baby wipes down the toilet and causing blockages and pump failure.

[NISFAN]

Originally Posted by Herr August Schmidhuber

Sorry to hear this. You'll probably get a four stretch, so out in two with remission.

Some quiet time? I'd take the 4 please

[teaston]

Tell BBC Watchdog about this, it sounds right up their street!

Really sorry to hear about your problems though, we’d like a new build but after hearing so many stories like this (well not as bad as yours) I just keep putting off lookimg at moving!

[R0B]

Sorry to hear this. You've had some good advice here but as a marketing man, the overwhelming advice is to make noise.

You cannot be brought up for making factual claims. Make them. Make them loudly. They have pushed you to the limit so why give them mercy? It'll not affect your resale and clearly you deserve your pound of flesh.

Pick a sensible number, write to them with your marketing plan (I'll write it for you if you want) and ask them to make their choice.

[aquazi]

Really sorry to hear this... agree with all of the above - make as much noise as you can.

We got a new build 2 years ago too... had over 120 defects too from leaking ensuits, windows, gutter drainage- but a lot were cosmetic too (scratches on floor tiles and windows) that on a old home you’d live with. our neighbours had hardly any issues... so it depends on the contractor/ day they are having!

Got them all sorted out eventually - meant working from home a lot with contractors fixing things... but my little lad lad enjoyed seeing the “builder men.

Worse issue was getting the garden drainage sorted - their contractor was hopeless. Had to write to the ceo, offering a quote to get it done myself... somehow the landscaper appeared!! Advantage was got a new lawn both winters!!

But we honestly love our house now... and we would go new build again... so stick with it - hopefully it will be a home at the end.

[isleaiw1]

I also live in a new build, apparently ours isn’t too bad but 18 months in we are still having problems fixed.....this week it’s take up all top floor floors, fit herringbone strengthening bars and refit. Not sure who your builder is but ours has suffered a lot of negative publicity in the period since Jan 17 over the quality of their homes, name rhymes with a well known bread brand famous for brown bread...

There are rumours of fairly extensive legal settlements around here - neighbours still haven’t moved back in to their property having been out over 18 months. Near neighbour has a 67 plate RRS and garden studio allegedly paid for by comp from the builder.

Fight them all the way. Then a bit more. Bunch of charlatans getting rich on the back of help to buy.

[Tengocity]

Originally Posted by teaston

Tell BBC Watchdog about this, it sounds right up their street!

Really sorry to hear about your problems though, we'd like a new build but after hearing so many stories like this (well not as bad as yours) I just keep putting off lookimg at moving!

As well as Watchdog you could try other consumer groups such as Which.

Sorry to hear about this. It makes me appreciate how good our new build really is, and how lucky we have been.

[bodtwo]

Remember £15m payoffs have to be funded somehow.

Your dream home, don’t let them turn it into anymore of a nightmare. Find a good brief with history. Oh and ensure all dialogue and correspondence is recorded and time stamped.

Best of luck.

[isleaiw1]

Originally Posted by teaston

Tell BBC Watchdog about this, it sounds right up their street!

Really sorry to hear about your problems though, we’d like a new build but after hearing so many stories like this (well not as bad as yours) I just keep putting off lookimg at moving!

Watchdog might be done with coverage of new builds, they have had a few stories on it....

Most new builds are ok, with hindsight I would stick with a local builder who cares about their reputation rather than a FTSE more bothered about that years profits....

Or a Weston Homes, as I know the CFO there!!!

[teaston]

Originally Posted by isleaiw1

Watchdog might be done with coverage of new builds, they have had a few stories on it....

Most new builds are ok, with hindsight I would stick with a local builder who cares about their reputation rather than a FTSE more bothered about that years profits....

Or a Weston Homes, as I know the CFO there!!!

Yes maybe, but I don't think I've heard any stories as bad as his though!

[aquazi]

Originally Posted by teaston

Yes maybe, but I don't think I've heard any stories as bad as his though!

May not be any consolation to the OP - but heard some worse stories - worse being a gable wall not supported correctly - owner complained it creaked... then one windy day the house literally came crashing down.

This is a useful resource + some real horror stories - - https://forum.snagging.org/index.php

Working in the construction industry myself its not necessarily the the developer which are bad - but who they subcontract..... So Davis homes vs Persimmons etc generally none are guaranteed to be better in terms of build quality.

[isleaiw1]

Originally Posted by teaston

Yes maybe, but I don't think I've heard any stories as bad as his though!

You should have seen the stuff on Bovis Homes Victims Group on Facebook, until it mysteriously disappeared (my guess it was part of a legal settlement with the guy that set it up...)