8 year old apartments with serious damp issue

8 year old apartments with serious damp issue

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DeanR32

Original Poster:

1,840 posts

182 months

Tuesday 11th November 2014
quotequote all
Afternoon all

In 2006 me and the missus bought our first home. 2 bed/bath apartment, brand new. It was lovely to move into a new home, and thought (naively) that a new property wouldn't suffer problems, especially like the one we have now.

We have major damp in the rear of the building, same for the side, and some in the front too (it's an end plot). It's all coming from outside in, and must have been for the eight years we've been here. Apparently, the apartments on floor two were an afterthought, as in there was only supposed to be ground and 1st floors built. Water is getting in between two exterior and interior walls.

Now we are covered by the buildings warranty, and it's very slowly being dealt with (although they have only erected scaffolding so far!), so my issue isn't the fact I have to deal/pay for anything building wise. I do have some reservations though.

I've heard they plan to drill holes to look at the extent of the damp. They then want to remove the insulation, dry between the walls, fix the cause of the water ingress, replace the insulation and put back right. What if they don't get all water/water traps and put it back right? We will be out of warranty in under 2 years time. This problem, although hidden for years, has manifested in the last year or so. They plan to cut hatches in the wall to do what they need to do. I can't see how they can achieve what they need to do and cure this problem through holes in sections and be happy they've got rid of the water and damp 100%.

What if the problem isn't dealt with properly and comes back in a couple years time, when we're out of warranty?

The interior of the flat will be dealt with after the exterior Is cured, but we've got stinking carpets and apparently, we'll have to claim on our contents insurance for these, even though they're primarily linked to the damp issue. Is that right, or even fair?

The damp has caused me to have breathing problems at night (as it's bad in the bedroom). My neighbour below has it worse. Our kids have been ill with colds and wheezy coughs on and off for ages now. I went to the hospital in the middle of the night my breathing was so bad!

We will have to move out while work is undertaken. We will most likely have to find and rent somewhere, and it'll be paid for by insurance. But while my flat is un-inhabitable, I feel aggrieved that I have to pay the mortgage on it. Anyone know where I'd stand on this?

I'll have to clear the flat for work to be undertaken, then once finished, move it all back in. I guess now I'm just belly aching, but the upheaval and interruption in mine and my family's life is really getting me down. It has been the Bain of our lives the past few years. And to top it off, the upstairs flats that wasn't supposed to be built, house a racist that I had a run in with, which got me arrested and cautioned, and therefore got me a criminal record!!

What would you do in my situation? We might have to move out before Christmas! That'll be fked then!

Any input greatly appreciated.

Cheers


Rosscow

8,723 posts

162 months

Tuesday 11th November 2014
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I'd have thought any work done will come with a lengthy warranty of its own?

Vocal Minority

8,582 posts

151 months

Tuesday 11th November 2014
quotequote all
The vast majority of new build properties (80% or so) have NHBC (National house Building Council) Warranties. These last for ten years. Get in touch with them:

http://www.nhbc.co.uk/Warrantiesandcover/

And see if you are covered.

KTF

9,788 posts

149 months

Tuesday 11th November 2014
quotequote all
Not sure how building a second floor would cause the damp to appear?

Anyway, as it is an apartment block then the communal structural insurance should cover something like this happening again.

Sir Bagalot

6,463 posts

180 months

Tuesday 11th November 2014
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You need to be patient, it won't be a five minute fix and unfortunately will mean discruption.

DeanR32 said:
We will have to move out while work is undertaken. We will most likely have to find and rent somewhere, and it'll be paid for by insurance. But while my flat is un-inhabitable, I feel aggrieved that I have to pay the mortgage on it. Anyone know where I'd stand on this?
So the insuance co will pay your rent, so you think you shouldn't be paying the mortgage? Why not? You own the flat and insured damage will be repaired.

It will be a PITA but bear with it.

As for the racist git..... and you getting arrested..... it's a simple case of he dragged you down to his level and beat you with experience. You'll know better next time.

DeanR32

Original Poster:

1,840 posts

182 months

Tuesday 11th November 2014
quotequote all
I hear what you're saying bagalot. Just winds me up that he's above me. His flat is unaffected from what I know! My kids room stinks of mould. I'm worried about them breathing it in whilst in there. I feel like the place in the state it is in now, isn't fit for purpose. We've had infestations of Ladybugs, there were mushrooms growing in the exterior walls (blown away by the strong winds a few weeks ago), the kids clothes hanging on a clothes rail I. The corner of the room are covered in mould too (hats, coats etc). We are keeping it all to show them the state of our living conditions at the moment.

The top floor flat is much smaller than ours below, so it's built well within the roof boundary. I think the edges of the existing roof holds water, and found a way into the walls.


PositronicRay

26,957 posts

182 months

Tuesday 11th November 2014
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DeanR32 said:
I feel aggrieved that I have to pay the mortgage on it. Anyone know where I'd stand on this?
I feel for you the situation sounds like st. However this has nothing to do with your mortgage. The more you pay off the less you owe.

DeanR32

Original Poster:

1,840 posts

182 months

Tuesday 11th November 2014
quotequote all
I make you right. I was wondering, if there was any chance of getting maybe the house builder to pay for the time I'm left without an un inhabitable place, and unable to live in it. I'm pissed off that they build it poorly, get paid and have no concerns whatsoever.

Burgmeister

2,206 posts

209 months

Tuesday 11th November 2014
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You're getting your home fixed for free...and you're complaining. First world problems.

Steffan

10,362 posts

227 months

Tuesday 11th November 2014
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As others have said, I presume you bought the house using a a solicitor and as a new property this was covered by the NHBC registration process prior to your purchase. If you have a mortgage then I would be surprised if the house is not covered as generally lenders will not fund unregistered new build properties.

This is a matter where you should be consulting your Solicitor as you should be completely protected under the Law Society house sales requirements. Have you raised the matter with the NHBC and the conveyancing Solicitor you used? That would be my approach. You should receive proper compensation for any nuisance and loss you have suffered but regrettably you will need to fight your own corner initially.

Very few individuals have the experience necessary to encompass all the matters that need to be investigated in this case. I do recommend consulting a solicitor forthwith and following their advice. I do hope you obtain adequate redress.

paulrockliffe

15,639 posts

226 months

Tuesday 11th November 2014
quotequote all
Do you have legal cover with your home contents insurance? If the issue is insured you could let them deal with everything for you perhaps.

DeanR32

Original Poster:

1,840 posts

182 months

Tuesday 11th November 2014
quotequote all
Thanks for the replies.

I'll get onto the solicitors we used, and the NHBC tomorrow. Thanks Steffan

The building is still under warranty, so exterior is covered, as is the interior. I do have tesco contents insurance which I can claim for the crappy carpet, clothing and curtains etc. I don't feel I should have to claim, pay an excess and and increase in premium because the stuff is a direct consequence of the exterior failings.

Over the years, we have been in touch with the house builder, managing agents etc about snags we've found ourselves in the building, mainly damp areas, poor sealing windows, ceilings showing yellowing where boards join etc. they did paint our bedroom last year after we complained again about the state of the rotting window seals, grouting in the glass brick window, ceilings damp etc. they just painted it and it came back within weeks.

I'm fed up with the wheezy breathing, kids chesty, croaking coughs for weeks on end. I didn't think of why I was so wheezy. The hospital said I was all of a sudden asthmatic, that's how bad my breathing gets.

I'll be onto the NHBC and solicitor tomorrow.

Thanks for the advice so far

Steffan

10,362 posts

227 months

Tuesday 11th November 2014
quotequote all
DeanR32 said:
Thanks for the replies.

I'll get onto the solicitors we used, and the NHBC tomorrow. Thanks Steffan

The building is still under warranty, so exterior is covered, as is the interior. I do have tesco contents insurance which I can claim for the crappy carpet, clothing and curtains etc. I don't feel I should have to claim, pay an excess and and increase in premium because the stuff is a direct consequence of the exterior failings.

Over the years, we have been in touch with the house builder, managing agents etc about snags we've found ourselves in the building, mainly damp areas, poor sealing windows, ceilings showing yellowing where boards join etc. they did paint our bedroom last year after we complained again about the state of the rotting window seals, grouting in the glass brick window, ceilings damp etc. they just painted it and it came back within weeks.

I'm fed up with the wheezy breathing, kids chesty, croaking coughs for weeks on end. I didn't think of why I was so wheezy. The hospital said I was all of a sudden asthmatic, that's how bad my breathing gets.

I'll be onto the NHBC and solicitor tomorrow.

Thanks for the advice so far
I do wish you well. The health issues are a real concern and I do suggest your solicitor is the best approach there are no excuses for such shoddy building. None of this is your fault. You do need good legal advice and I do think you will get proper redress. You should not have these problems and the developer should have resolved this long ago. Firm legal action should get you adequate recompense. In my experience the NHBC will react once the lawyers get involved.. Pity is that they seem incapable of sorting matters without legal action

hornetrider

63,161 posts

204 months

Tuesday 11th November 2014
quotequote all
Sounds like a nightmare, is it a major builder or a local outfit?

C Lee Farquar

4,066 posts

215 months

Tuesday 11th November 2014
quotequote all
DeanR32 said:
Afternoon all

I've heard they plan to drill holes to look at the extent of the damp.
Who's dealing with this on your behalf? Surely you need specific details of the problem supplied by a professional and a suggested solution rather than hearsay?

Your symptoms (limited in detail as they are) indicate a condensation problem, possibly compounded by penetrating damp.


big ant

305 posts

171 months

Tuesday 11th November 2014
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If DeanR32 is in Essex, anyone nearby who is or knows legal / professionals to recommend him ??
Has my sympathy, but needs urgent help on the ground, before current builders start making conclusions about what needs to be done.

jules_s

4,235 posts

232 months

Tuesday 11th November 2014
quotequote all
TBH the Op is a bit scant on detail for me

If one were to make some assumptions:

Dirty wall ties

Snots breaching the dpc/dpm

Both cured by leaving/creating holes at selected points on the wall(s) and at dpc level

damp carpets could be more of an issue if the above is the first diagnosis of the problem. I'd be surprised if the above took 8 years to manifest damp issues though

DeanR32

Original Poster:

1,840 posts

182 months

Wednesday 12th November 2014
quotequote all
Thanks for the replies again guys

The builder is a major outfit. Smaller developments but enough of them.

We've been told that water is getting in from areas where it settles after rain on the flat roof areas, and between interior/exterior walls, and doesn't drain away. The builder awarded the contract is worried what type of insulation has been used between the walls as Rockwool could hold water, and can't hold it anymore.

We have complained about these problems in the past. We were told it was condensation from inside, and therefore our problem. We use all available vents and fans to take cooking and shower steam away, vents in the tips of the windows etc. two years into moving in, we had representative of the house builder in, and he told us part of the problem was our dogs breath, along with cooking often!

This hasn't taken 8 years as such to manifest. It's just the residents now know it's not a problem we've caused, and is actually a major fault with the building. There's been signs of damp for a few years now. We've taken silly precautions. Cooking with windows wide open, Luke warm showers etc. at times, and often it's been a load of bks!

C Lee Farquar

4,066 posts

215 months

Wednesday 12th November 2014
quotequote all
It makes sense for the builder to remove some bricks and look in the cavity. Presumably this hasn't been done yet if no one knows what insulation is in there. At least it should be saturated in there by the current rain if the roof is at fault. If it's dry in the cavity then they'll need to look elsewhere for the problem.

Has that the roof been fixed?

DeanR32

Original Poster:

1,840 posts

182 months

Wednesday 12th November 2014
quotequote all
They did attempt to fix something up there last year. God knows if it worked. They never let us know.

Is there a tried and tested Method of drying out between the two walls once they get in there? I can't see how they can dry everywhere thoroughly without taking down the whole exterior wall.

When you take time to stand back and take in what's wrong with the building, it's a massive amount or work which looks to affect so much more you can't see