NHBC vs vs Wimpey Mgmt Company [nhbc] [wimpey]

Q: Not sure if this – how .

I turn bought a new apartment, I now think a little more than 10 years ago.

During this time I had problems with the windows, the sills which began to be 45 degrees, were the vents at the top is pushed out (like the windows were “sinking”, etc. After many years of being pushed to the to and vice versa, I finally have something (I do not, but I went to the debt to do .) a surveyor to give me to get an independent report. about 650 quid later blames on /.

I have sent the report and the letter to them, but I have a few questions:

1) is now as I said – I think 10 years ago I bought the flat and although both have told it not to a structural problem (it was .) Im still under?
2) My neighbors had their windows fixed (same problem as mine), so there is certainly a kind of priority?
3), I advised the management company to court if I could be covered by insurance. Is this desirable?
4) However, the court only limited progress 5k and 2 suspects, so what should I do – so if there were 3 suspects, and the cost of the works is estimated at 5k – with the cost of the surveyor at 650 + I 500 have asked for costs, etc.

Thanks.


A:Hiya, ive just had a similar problem but after three years and the developer recognised there was a problem and instructed the builder to rectify at cost of 50k to them.

I very much doubt that the management company/agent (unless they are the owner also) would assist you with the case as they will be paid to manage the building only not deal with any issues arising from construction but the developer has a duty of care for the first 10 years ( I think) after completion to rectify inherent defects or design faults. Would all of the other affected parties be willing to get involved? You could form a class action if so.

Have you contacted the freeholder of the building to see if they can help?

Ideally, any window repairs would normally be covered by the service charge but you should have been given gurantees for the windows which you should check and act on if you havent already. For example mine had a ten year guarantee but the windows were fitted incorrectly in the first place so the guarantee has started again from when the frames were replaced.

You would be better off getting full legal advice from a construction lawyer on this one and do this asap given the timescale involved.


A:The windows form part of the fabric of the building and are the responsibility of the residents management company (you are probably a member of).

You do not have to pay to rectify these individually, as the residents management company has a responsibility to maintain them within the terms of the lease. Check your lease and you'll see this.

In the next instance contact the managing agent who acts on behalf of your management company. They should have been collecting reserves on behalf of the management company and should budget for repairs and maintenance matters.

I doubt the management company will be able to make a claim under insurance as they are appear to be failing due to inherent defects or poor maintenance or a combination of both.

You should ask the managing agent to pursue this with the builder in question and try and seek the return of your costs from the management company.

Finally, your managing agent should have been on top of this situation for you. Push them to assist you, and keep copies of correspondence with them.


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