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Whose responsibility then? Advice please.

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  • Whose responsibility then? Advice please.

    Dear all

    We bought an apartment (in a newly converted mill) in December 2009, after few weeks of purchasing, the building developer went to administration. In May of 2010, two friends of mine moved in, soon after they found two internal walls were very damp. I then contacted the administrator, their manager came to our apartment and had a look of the problem. Later he send some workers for further investigation of the problem. The workers found the leaking was caused an issue of the boiler ,so they fixed it and repaired the damp wall. The whole process took a long time, was finally completed in May 2011.

    My friends moved out in June 2011, since then, the apartment was empty until my family moved in last month. Since we moved in ,we noticed one of the previous damp wall is still damp especially after use the bath. We think there is still a leaking of the pipes so I contacted the manager of the administrator again, first he said he would come to have a look. We waited a couple of weeks, the damped wall is getting worse and worse. Today I phoned the manager again, he said because it's nearly three years since we bought the apartment and bought it from the developer not the administrator, they wouldn't take any responsibility regarding the building work of the apartment anymore. I am quite shocked at what he said and the sudden change of his attitude. As he insisted the administrator only took over the property after we bought the apartment, so they won't take any responsibility of the building problem. My question is , if they don't take any responsibility, why they can fix some problem last year? From the legal aspect, if they don't have responsibility,who should take the responsibility then?

    Please advise on this or maybe where we can get more advice/help?
    Thanks you.

  • #2
    Re: Whose responsibility then? Advice please.

    If you're talking about a UK developer, and therefore talking about the NHBC certificate, then indeed they are correct.

    A NHBC certificate only covers snagging issues for the first two years. After that, the guarantee only relates to structural issues on the property.

    In other words, leaking pipes or similar are not covered by NHBC because such issues should have been addressed within the first two years,

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    • #3
      Re: Whose responsibility then? Advice please.

      Dear Brian

      Thanks for your reply. It is really helpful. But do you think it is worth to argue that the problem was existed and found in the two years guarantee period and they just didn't solve it properly in the first time.

      regards

      Jonathan

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      • #4
        Re: Whose responsibility then? Advice please.

        Been there, tried that, and the answer I got was "no".

        Basically, you have two years to have anything outstanding fixed. After that period, it's not the developers problem any more, unless it's a structural issue, ie, the property is falling down!

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