Builder and letting agency at fault?

[ladybirdm]

Hello, I own a rental property. Around three years ago updated the property with new joists and flooring. I was recommend by my agent to us a company to install a new bathroom. That all cost around £6000

It was then subsequently rented to a family.

inspections were periodacally made but when they vacated this March 3 years later I have found massive water damage within the property.

the bath had not been balanced or secured so water had been leaking through a hole for 3 years. The foundations, internal and external wall were soaked. Also the over flow system they had used in the cistern was not connected to the drain and has been leaking into the garden and into the foundations for an untold amount of time.

I have had to get the bathroom reinstalled and let the property dry out.

This cost me a further £2500 to put right and I have lost £3000 in rent and other charges whilst having the work done and letting it dry out.

Can someone please advise me?

I gave begun to write a letter to the builders and included all the evidence to back my claim up

or should I be claiming against the agent who recommended them and didn’t inspect the property correctly?

I would really appreciate any advice on this please.

Many thanks

Clare

I think you will really struggle to make a successful claim against either party
Was it part of your contract with the agent that they were to inspect the property ?

What are the letting agent inspecting the property for?

Usually it’s for tenant damage and not leaks etc.

I doubt you have any case against the agent.

Do you not have insurance for escape of water? They should covering finding leaks and redecorating after the leak, but not the fixing of the actual leak. I think the company installing it should fix it if it was an installation problem. But I have no legal background so it could be totally wrong

Yes, the agent did inspect, it’s part of the contract.

Yes, but as the problem was older that 6 months the insurance company called it neglect.

Was the problem noticeable during a routine inspection?

There was significant mold but I was told the tenet needed to open the window more. There must of been a distinct smell of damp.

3 years is a long time not to notice sonething was wrong with the initial install. Did the tenants never complain about anything?

How did the tenants not say anything? Surely they must have realised something was wrong?

Yes, you would have thought. If it makes any difference I don’t think their English was great, which makes me think how did the agency ensure they knew of there responsibilities. I doubt they printed any agreement in their language.

When you say it was part of the agents remit to inspect, surely that means periodic six month inspections of the property while tenanted and not in-depth inspections of building works etc? I have never known an Agreement with a lettings agency to include that. Even if they had inspected the works on completion, it doesn’t sound like the faults would have been immediately evident? Why did you not at any point inspect the works yourself?

As regards the tenants responsibilities, it’s up to them to understand the agreement, the agents certainly aren’t going to be printing out agreements in multiple languages! If they don’t understand it all, they need to either ask questions or get someone to translate it for them. If there was mould evident when the tenants left, did you charge them for it on departure? If they weren’t opening windows, then the buildup of mould is at least partly due to them.

thank you for your message and for pointing out errors that in hindsight I may have done,

I could not see a hole as it was covered by the bath panel. The work was done after I left the building.

yes, I did charge for cleaning.

i think the point I am trying to make is

I spent £6000 3 years ago to upgrade my property and used recommended builders.

I entrusted an agent to “look after my property” I don’t live near it….

Ive just had to payout and lost a further £5500

is this fair?

Life’s not fair
The questions are do you have a legal right to claim and a realistic prospect of success
The answers to these questions are probably no

You entered into a contract with the builder to carry out the work. If they did not carry it out to a reasonable standard, you have a claim against them. As the work was carried out less than 6 years ago you still have time to bring a claim provided the builders are still in business. You will need evidence that the work was substandard and that the faults are not due to wear and tear or misuse.

Whether you have a claim against the agent depends on what was agreed regarding any inspection they carried out and whether they were negligent. I doubt it is worth pursuing this.

I agree with @prh47bridge and their analysis.

I don't think you can claim against the agent - they are not building inspectors and their inspections were not designed to spot leaks behind baths.

While you have a potential claim against the builder/ plumber you will need to pay for an independent report to identify the issues and to say that the work was negligent. The opinion of another local plumber is not sufficient.

Was the original builder a limited company? If so, they could just fold the business leaving you with a county court judgement that's worthless as the company has no assets.