NEVILLE MARRIS Posted May 8, 2007 Report Share Posted May 8, 2007 Hi all My tenant has reported the following and I am seekign advice on what to do. Following a gas leak at the end of last week, the block of flats in which i own and rent out a flat has has had it mains gas supply cut off by the gas board. The reasons are as follows:- 1. the gas meter cupboard that serves the entire block was not sealed properly by the developers three years ago when originally built, thus allowing gas to escape throughout the block. 2. the gas board have also said that the gas pipework has been installed incorrectly- in the wrong kind of pipework and in a total bodged way and highly dangerously. They will not turn the gas back on until everything is put right, which may mean the entire block being ripped apart of all original pipework, ducting and fittings. Can someone advise me as who is is liable for this bad workmanship? The developer says that the original gas subcontractor has ceased trading and is not responsible Me and other flat owners have phoned NHBC (who signed off the work as fit for habitation) but they are saying that the original 2 year warranty period has expired, and therefoee not their problem. Yet this latent defect has only just been discovered so how could we report it sooner? Bearing in mind that both they and the building inspector signed it off as safe!?!? My tenant has requested a discount on the rent he pays until it is reconnected. The rent is £500 PCM, and the work could take weeks to complete. What is an acceptable reduction? Hope someone may be able to advise on this, as my tenant is very worried and without heating. i cant believe that someone cant be sued over this, as apart from being a very serious risk to tenants for the last 3 years, it will ultimately result in remedial works that will dehouse people for while whislt the works are put right. Financially, ithis will also have an impact as the flat/s will be unhabitable for a period of time. Neville Link to comment Share on other sites More sharing options...
GPEL Posted May 8, 2007 Report Share Posted May 8, 2007 I read about something similar in a contract law book I have lying around under the heading of third party liability. I'll dig it out and see if applicable. Looks to me at this stage like you'll need good legal advice from a contract law specialist. Link to comment Share on other sites More sharing options...
Melboy Posted May 10, 2007 Report Share Posted May 10, 2007 What an absolute nightmare for you! I cannot believe the gas installation part of your story.... well, I do, but what I mean is that the sub contractor has responsibility....yes....but the main contractor has equal responsibility in ensuring that work is carried out to National Standards in this case CORGI Standards by the sub-contractor. (I am a retired MD of a Heating Company) I have never come across anything like this before in xxx years of gas installation. I would just double check exactly what BG have actually stated is wrong with the installation. Believe you me, BG are far from without fault on installation work! Link to comment Share on other sites More sharing options...
GPEL Posted May 10, 2007 Report Share Posted May 10, 2007 Can't find the Contract Law reference, but do recall something along the lines that the developer can be held accountable to you for bad workmanship. Any sub-contract work liability is between developer and sub-contractor, not you & sub. Strongly advise you take proper legal advice on this. Might be a small point about the cupboard not being sealed properly being a problem, this is only a problem if there's a leak the cause of which is the real problem. Cupboards need to be sealed correctly but what caused the gas leak in the first place? Link to comment Share on other sites More sharing options...
tony_ mort Posted May 10, 2007 Report Share Posted May 10, 2007 Have you spoken to the insurance company? What about the management company? The freeholder? You are unlikely to get much more information from the British Gas: they don't have to tell you anything, and in some cases refuse to tell you even why an installation has been condemned. You may be lucky and find the cost of rehousing your tenant is covered by the block insurance policy: but whatever the circumstances, it is essentially a freeholder and management company problem, so rather than try to find an answer yourself, see what they are doing about it. Link to comment Share on other sites More sharing options...
slumlandlord Posted May 15, 2007 Report Share Posted May 15, 2007 As far as I am aware the NHBC warranty is for 10 years. So according to the NHBC web site (READ BELOW) The developer would have paid for this insurance. I would go back to the NHBC. Also contact CORGI and see if the contractor was a member. they my have an insurane. If a builder fails to rectify any defects reported to them by the homeowner in the first two years and a dispute arises, NHBC will usually offer a free Resolution Service, which aims to resolve disputes between the builder and the homeowner. Under the Resolution Service, NHBC can also help arrange for the remedial work to be undertaken if the builder fails to do so. If the builder is insolvent, then NHBC insures his obligations. Good luck Link to comment Share on other sites More sharing options...
Melboy Posted May 15, 2007 Report Share Posted May 15, 2007 I can confirm one point: CORGI do not insure any registered members. Also the defects covered by NHBC is for 2 years and this build is now 3 years old. I personally would be seeking damages against the main contractor after seeking legal advice of my chances of winning such an action if brought if and it went to court. Mel. Link to comment Share on other sites More sharing options...
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