Problem in newly purchased apartment - who is liable?

greengirl31

Hi All,
I'm not sure if this is the right place to be posting but Mod's please feel free to move if necessary.
I bought a property last year under the affordable housing scheme from Dun Laoghaire Rathdown CoCo. All went well and I haven't had any major issues since I moved in last December. However, the water pump was acting up and I was having to switch it off and back on again the last couple of weeks to get it to kick in when the taps were turned on. It was something that I said I must get sorted before it goes completely but I wasn't quick enough cause it went over the weekend. I got a plumber to take a look and he said the pump was knackered and would have to be replaced. He happened to have one so he put it in for me but it's only a temporary measure as the pressure is rubbish.
Anyway, I got on to the management company this morning who were very nice but non-committal. They own some apts in the complex also and they said that they've had issues with almost all the pumps. Ordinarily, the builder would be called upon to fix this but as the builders have gone into liquidation that's not an option. She said she'd Contact DLRCOCO on my behalf but I know from how long the sale of the apt took they'll probably be telling me it's nothing to do with them either ... The Management co suggested I claim from my house insurance but I don't think I should have to considering I'm only in the property 10 mths.
So where do I stand now ?? Do I have to foot the bill for this or should I be going back to the Council or Management Co to rectify this ...
Thanks
A

Paulw

You own the property, so it's your bill. You may be able to claim on your home insurance, or you may not. It depends on your insurance contract.

This could be just a faulty device, and since the builder is gone in to liquidation, there is no one else responsible.

It's unfortunate, but it's not all that uncommon. Many developments were thrown up with cheap pumps and such. I know our development was too, and really, it's quicker and less hassle to just get it replaced yourself.

Victor

As you bought the property new from the council, that is where I would start. Given that its nearly a year, make sure you make your compalint before then.

donalg1

Id agree with PaulW on this, you own it so its up to you to fix any problems that may arise, i dont think the length of time you own would have any influence on who does what. You will most likely be told your the owner so you have to fix it. If you have your mortgage with a bank you wouldnt ask them to fix it would you? Or if you bought it on the open market from a private seller you wouldnt now go back to them and ask them to fix it for you would you? Or the Estate Agent?

greengirl31

I get what you're saying about it being my property so therefore my bill but from another point of view, if I bought a new appliance and it stopped working after 9 mths I'd go back to the shop where I bought it and ask for it to be repaired. Now obviously, if I threw the hoover down the stairs and it stopped working I wouldn't have a leg to stand on but if it just stopped working I'd be entitled to get it repaired under warranty. Now I'm not necessarily comparing my apt with a hoover but I think the pump in my apt would be similar.
I bought the property new and it had no previous owners or occupiers so I would expect the fixtures and fittings to be covered for normal usage by the vendor- in this case the council. I'm going to give it a go and see how I get on But considering how difficult they made it for me to actually buy the property from them, I can't imagine it's going to be straightforward ... :-)

Paulw

greengirl31 wrote: »

if I bought a new appliance and it stopped working after 9 mths I'd go back to the shop where I bought it and ask for it to be repaired.
I bought the property new and it had no previous owners or occupiers so I would expect the fixtures and fittings to be covered for normal usage by the vendor- in this case the council.

While your theory is fine, it wasn't the council who had the pump installed, it was the builder (who sourced and installed the pump), who you say has gone bust. The council have no liability here at all.

godtabh

Paulw wrote: »

While your theory is fine, it wasn't the council who had the pump installed, it was the builder (who sourced and installed the pump), who you say has gone bust. The council have no liability here at all.

the contract is with the council. Item not fit for purpose. Liability is with council

When we bought our place we did have a service contract with a service provider. All warranty issues are with them. Have you checked this?

greengirl31

godtabh wrote: »

the contract is with the council. Item not fit for purpose. Liability is with council

When we bought our place we did have a service contract with a service provider. All warranty issues are with them. Have you checked this?

That's what I would've though ...

I'm not aware of any service Contract - Would that be in the legal doc's somewhere ???

I've put in a call to the council today so I'll see what they come back with. I'd imagine that will be the first of many calls though :-0

Victor

Actually, check (with council / your solicitor) did you buy from the developer or the council - did the council merely facilitate the arrangement?

Regardless, there is usually a period of 1-2 years for patent (obvious) and 6-12 years for latent (hidden) defects to be rectified by the developer. The contract will specify the details.

Guys, ye might study Donoghue v Stevenson which is persuasive in Irish courts. The OP can chase either the vendor or the manufacturer.

jackiebaron

Paulw wrote: »

While your theory is fine, it wasn't the council who had the pump installed, it was the builder (who sourced and installed the pump), who you say has gone bust. The council have no liability here at all.

While the council didn't build the apartments they DID sell them and they can't do this without an engineer's safety inspection and report. If the whole building subsided due to crappy foundations would you think the council would be bereft of responsibility? Not on your life. Likewise it is the responsibility of the council get check fittings, plumbing, insulation and electricals before selling these units. The water pump should fall under this category as well.

As an aside is the water pump for the whole building or just your unit? If it's for the whole building then it should fall under the community maintenance charge contract just like elevators and hallway lights.

ted1

Just contact the manufacturer

uberwolf

probably an aside for you. Make sure you have an appropriate pump. Most apartments have a negative head pump due to the one storey nature of the premises restricting the inherent pressure of an overhead tank.
Most negative head pumps are incompatible with washer/dryers. This is because of the dryer side of things only requiring tiny bursts of water. These bursts are too small and frequent for the pump design and burn out the pump. Typically doesn't require a complete replacement of the pump, but at least replacement of one of the controlling boards. Not a small cost from memory.

My work around after spending a k on various upgrades & new pumps was to plumb the washer dryer straight into the mains system. Not strictly in compliance with planning regs afaik, but my plumber said there were plenty doing it.

greengirl31

OP here ...
Well I'm shocked and stunned ...
I got a call from DLRCOCO at 8.54 this morning telling me that they would fix my pump and someone would call me today to arrange to call to see it etc ...That wasn't nearly as painful as I thought ... I'm going to see if they'll reimburse me the call out fee for the plumber at the weekend but I'm not too confident about that one !!