Monthly Archives: May 2016

BBC Radio 4 ‘You and Yours’ – What needs to be done to protect consumers in the housing industry?

BBC Radio 4Earlier today, BBC Radio 4 You and Yours interviewed Oliver Colvile MP, chairman of the All Party Parliamentary Group Inquiry into the Quality of New Build Housing in England, looking into measures that would improve the quality of new-builds and how to give greater protection to new homebuyers.

Oliver Colvile MP told the programme:

Oliver Colvile MP“I am afraid I’ve had an awful lot of constituents who have come to see me and talk to me about how they don’t feel they have got the product which they thought they had actually bought.”

“The consumer wants to see, they want to actually see something that is going to deliver a quick and easy resolution as far as their contractual decisions have been made. After all, when we go and buy a new home it normally is the most expensive thing biggest investment which we make in the whole of our lives, for them [HBF] to be complacent I have to say, to say its 85% [satisfied with their homes] well what about the 15% then who have actually had a fairly a bad deal out of it. The other thing as well is that I don’t think the house builders generally understand that they’re dealings with the person who is buying it [the new home] isn’t necessarily always particularly brilliant. The consumer feels that actually somewhat concerned that they are actually banging their head against a brick wall, by trying to get the builders to take some notice of all of this.”

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New Homes Ombudsman should be set up – An APPG Inquiry Recommendation

In his speech at the JCT Parliamentary Reception on 17 May 2016, APPG EBE chair Oliver Colvile MP highlighted the main findings of the Inquiry and some of the main recommendations, in particular that a New Homes Ombudsman “should be set up.” stating “this would mediate disputes between consumers and their builders or warranty providers to offer a quick resolution.”

It is to be hoped that this and all the recommendations in the Inquiry Report, due for publication at the beginning of June 2016, will be taken forward and fully implemented by Government at the earliest possible opportunity.

Official Ombudsman

Houses of ParliamentAn Ombudsman is usually appointed by the government or by parliament, but with a significant degree of independence. They are charged with representing the interests of the public investigating and addressing complaints against public bodies, private companies, organisations and sometimes entire industries. An ombudsman should be a totally independent body capable of investigating complaints of malpractice, maladministration or a violation of rights, both fairly and impartially.

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Preliminary announcement of findings and recommendations of the APPG Inquiry into the Quality of New Build Housing in England

The waiting is nearly over.   Its official!  The New Home Ombudsman is coming! A culmination of two years’ campaigning and ten years dedicated work highlighting the plight of UK new homebuyers.

I spoke. They listened!

The APPG Inquiry report is being finalised and is due for publication in “at the beginning of June 2016.”

APPG Announcment 1On Tuesday 17 May 2016, chair Oliver Colvile MP made a speech at the JCT Parliamentary Reception highlighting the findings and the main recommendations.

He said that he, and “many of his Parliamentary colleagues across the country have had new homebuyers coming to their MP’s surgeries to complain about the way their new home was built. Although the report hasn’t been finalised, I can confirm that the Inquiry Committee has agreed on a number of recommendations and I would like to share a few of those with you”

  1. A New Homes Ombudsman should be set up. This would mediate disputes between consumers and their builders or warranty providers to offer a quick resolution procedure.
  2. Standardised house building sales contracts should be enforced, meaning uncertainty surrounding bespoke builders’ contracts would be removed.
  3. There should be a mandatory right for buyers to inspect and, should they wish, carry out a full survey prior to financial completion. More details of this particular point will be announced in the final report.
  4. To improve transparency, builders should be required to provide homebuyers with a comprehensive information pack. This would include plain English explanations so that homebuyers can understand exactly what they are buying.”

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Reasons why new homebuyers should never use the house builder’s choice of solicitor

It can be tempting to use the solicitor that the house builder’s helpful, friendly sales advisor suggests. Buyers could be moving to a new area or they may never have needed a solicitor before. Whilst it is not generally a good idea to choose a conveyancing solicitor on the basis of cost, it is essential that all new homebuyers choose solicitors that are completely independent of the house builder, one that will act solely in the buyer’s best interests.

How to avoid using the builder’s pet solicitor

It is a good idea for new homebuyers to ask for the house builders’ list of “preferred” solicitors. They can then be certain not to choose one of those firms and know that the solicitor they do use definitely does not have any conflict of interests. I frequently come across new homebuyers who have problems that occur or are made worse, not least because they have been coerced or financially incentivised into using the house builder’s choice, suggested, preferred or “nominated” solicitor. 

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Persimmon counter claim against their buyer for £8,000 for the cost of repairing his house!

Persimmon issue counter claim to recover cost of repairing new house in Sunderland.

Persimmon Homes, rated just three stars by their own customers in the industry’s  “satisfaction survey,” appear go out of their way to be confrontational and intransigent to any customers who take issue with the builder. The phrase “the Customer is always right” isnt even on their radar if this story from the North East Evening Chronicle is anything to go by.

Vince Wareham Persimmon Render Photo

An unhappy Vince Wareham outside his Persimmon new home at Alexander Park in Sunderland.

New homebuyer Vince Wareham told the Chronicle about his shock when he learned Persimmon were taking legal action against him in an £8,000 counter claim, after he decided to take the house builder to court, claiming £2,950 in compensation for remedial works carried out on his new home.

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Why are private roads so common on new housing developments?

“The council do not adopt new housing estates anymore”

Private roads (as defined by Sections 203 to 237 (Part XI) of the Highways Act 1980) are a highway not maintainable at public expense. The local highway authority is therefore under no obligation to pay for its maintenance. Responsibility for the cost of maintaining a private road rests with the frontages – the owners of properties with frontages on such roads.

Flooded road at Bovis

Bovis development – Homes finished but not the road!

It is now becoming increasingly common on new housing developments that roads and other public areas are not being taken over and adopted by Local Authorities. With the roads and landscaping areas remaining private ownership, all new-build homebuyers on these developments are legally responsible for their maintenance, repair and insurance, paid for via years of ongoing, potentially ever increasing, annual management charges.

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No Regulator or Ombudsman for complaints about house builders

It is not just house building that has dissatisfied customers. However,  most other industries have an Ombudsman and official Regulator.

If you bought a new home in the last ten years, the following statements will have a familiar ring to them. After all, the house building industry has a dreadful reputation for both quality and customer service, yet makes every effort to smokescreen and spin the opposite.

  • “Stop solving problems…just make the customer happy”
  • “staff are under pressure to bat away complaints and instead focus on appeasing callers to boost satisfaction ratings”
  • “persuading customers to believe all is fine is more important than getting to the bottom of their problems”
  • “All [the company] care about right now is the net promoter score. Staff are rated on this survey it sends out after a call or web chat. Well actually, on the first question only, “How would you rate [the company] to a friend?”
  • “one of the advisors I spoke to made promises they didn’t deliver. I wonder if this is the way they are trained – to reassure the customer but actually not to do anything.”
  • “other support departments are unhelpful and more interested in their own KPI, pretending they care about customers, but the reality is they are treating them appallingly”

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