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Hello
Bought a house a couple of years ago and from day one it has been a never-ending series of problems, none of which were flagged on the full survey completed prior to purchase. Up to know, I've just taken them on the chin on the assumption that in reality, properties are sold as seen and there is very little I can do about it. But was rattling off the list of issues (only a short version below) to a friend who suggested I should sue either/both the vendor/surveyor.
What I am looking for help in judging, is on the balance of probabilities, what is the (1) likelihood of success and (2) realistic award?
I'm conscious the vendor themselves is a solicitor and thus would be much better equipped in the court room than myself who would need to procure legal assistance and therefore incur associated costs. Ultimately, is there much precedence for such action?
Shortlist of issues:
(1) Roof leak 1 (water dripped down bedroom wall within week of moving in)
(2) Roof leak 2 (after a few months, noticed bodged filler job on kitchen ceiling, few months later some browning followed by water dripping through when rain was heavy)
(3) Bathroom leak 1 (on moving in, when operating the shower, it would leak through the ceiling of the room below)
(4) Bathroom leak 2 (on moving in, when emptying the bath, it would leak through the ceiling of the room below)
(5) Radiator leak (noticed mould in the corner near a radiator, addressed the mould initially, then noticed staining on floor, realised radiator was leaking then the penny dropped, we had wondered why the vendor had bothered to replace the carpet in the room below just weeks before completion, obviously to hide water stains)
(6) Invasive species (both japanese knotweed and himalyan balsam prevalant in the summer months, unfortuntely our house visits and surveyor visits occured in winter when no visible signs were present)
(7) Electrics (on moving in, when garden light switch activated would blow main fuse every time)
(8) Roof leak 3 (bedroom ceilings had been covered with lining paper, when removed, plaster fell away with it, revealing water damage to joists and hole in roof above)
(9) Garden room (improper construction, potentially lack of DPM, had been freshly painted when moved in but now revealing substantial mould around the floor level where moisture builds)
(10) Decking collapse (on moving in, my daughter was standing on the decking and managed to put her foot through a portion in the corner, thought nothing of it then over the first year this happened in multiple areas. Decking had been freshly painted prior to viewings, I suspect to mask where spot repairs had taken place)
(11) Patio collapse (a more recent discovery, patio stones forming cracks down their centres, after lifting a couple it is clear they have been fitted on just a perimeter of cement ie nothing supporting their centres)
I could go on, but that's a flavour.
The only thing in my favour in terms of "evidence" is a TPO application made 2 years before we moved in stating as a reason for the trees to be removed "...it causes a huge build up of water which then leaks through the roof and in to the house"....and "...to help prevent future floods and damp inside the house..."
Thank you in advance!
Bought a house a couple of years ago and from day one it has been a never-ending series of problems, none of which were flagged on the full survey completed prior to purchase. Up to know, I've just taken them on the chin on the assumption that in reality, properties are sold as seen and there is very little I can do about it. But was rattling off the list of issues (only a short version below) to a friend who suggested I should sue either/both the vendor/surveyor.
What I am looking for help in judging, is on the balance of probabilities, what is the (1) likelihood of success and (2) realistic award?
I'm conscious the vendor themselves is a solicitor and thus would be much better equipped in the court room than myself who would need to procure legal assistance and therefore incur associated costs. Ultimately, is there much precedence for such action?
Shortlist of issues:
(1) Roof leak 1 (water dripped down bedroom wall within week of moving in)
(2) Roof leak 2 (after a few months, noticed bodged filler job on kitchen ceiling, few months later some browning followed by water dripping through when rain was heavy)
(3) Bathroom leak 1 (on moving in, when operating the shower, it would leak through the ceiling of the room below)
(4) Bathroom leak 2 (on moving in, when emptying the bath, it would leak through the ceiling of the room below)
(5) Radiator leak (noticed mould in the corner near a radiator, addressed the mould initially, then noticed staining on floor, realised radiator was leaking then the penny dropped, we had wondered why the vendor had bothered to replace the carpet in the room below just weeks before completion, obviously to hide water stains)
(6) Invasive species (both japanese knotweed and himalyan balsam prevalant in the summer months, unfortuntely our house visits and surveyor visits occured in winter when no visible signs were present)
(7) Electrics (on moving in, when garden light switch activated would blow main fuse every time)
(8) Roof leak 3 (bedroom ceilings had been covered with lining paper, when removed, plaster fell away with it, revealing water damage to joists and hole in roof above)
(9) Garden room (improper construction, potentially lack of DPM, had been freshly painted when moved in but now revealing substantial mould around the floor level where moisture builds)
(10) Decking collapse (on moving in, my daughter was standing on the decking and managed to put her foot through a portion in the corner, thought nothing of it then over the first year this happened in multiple areas. Decking had been freshly painted prior to viewings, I suspect to mask where spot repairs had taken place)
(11) Patio collapse (a more recent discovery, patio stones forming cracks down their centres, after lifting a couple it is clear they have been fitted on just a perimeter of cement ie nothing supporting their centres)
I could go on, but that's a flavour.
The only thing in my favour in terms of "evidence" is a TPO application made 2 years before we moved in stating as a reason for the trees to be removed "...it causes a huge build up of water which then leaks through the roof and in to the house"....and "...to help prevent future floods and damp inside the house..."
Thank you in advance!
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