Kitchen Problem

Is it this floor that's sunk as well?

I'd have thought that that aspect alone tells you it's an inadequate job.

Did no tiles come loose?

 

Could it be the glue that is giving off the bad smell?

 

Definitely.

 

My 2p would probably be to ignore the smell angle as this is really subjective, and go for the floor-dropped-2cm angle. Irrespective of what you have put on it, a floor shouldn't drop. If it has, it has been put in wrong and needs to come up and be done again.

Provided the original builder is still around, then you could go after them. As there is a fair bit of money involved, you are going to need some fairly heavyweight documentation. I suggest you get a surveyor in and get a report. Use the report to investigate if you have any insurance that can assist. Approach the original builder with the report, which hopefully backs up the wrongness, and give him an opportunity to correct it. He will probably run away. You can then go legal on him. This will come under a "latent defect", so you have 6 years to go after him, provided he is worth going after - if he phoenix's a limited company, then it is tough poo.

Check that insurance policy!

 

If the floor has dropped then maybe an 'old drain' has also collapsed under it thus causing the stink and the Rolland Rat brigade!

 

yes, I think the time limit for a negligence claim is 6 years. Trouble is that the small claims limit is £10k. you'll need to use the full court procedure so that will need a solicitor. do not get put off by this: you have paid for a job and have to find £20k more to put it right. if you have legal protection insurance use it, but otherwise you need sensible legal advice. Remember if you have a successful claim the builder will have to pay your costs as well ( legal fees and structural engineer)

 

Unless the builder decides to go bankrupt and then start up another business a bit later!

 

which is why you need to get the claim against him before he does so: if his business has any assets ( vans, materials, cash) then you'll have a claim as part of the insolvency.

 

True but if he is a small business then say goodbye to any 'real' money.

 

why so negative? I think you'll find that if as a director of his business he knowingly acts in a way to avoid paying debts then the insolvency practioner will pursue him personally. That's why it is important to get the claim in BEFORE he declares himself bankrupt, if that's likely.

 

Sorry just that i have seen this time and again. One needs to get good solid legal advice first anyway. Weigh up the pros and cons. Check out the builder's business before going the legal route.

 

yep, agree. Like you, I don't like people getting done over and it sounds like that here!

 

Yes, true. Some right scum so called tradespeople about.

 

Jeepers, man - that's more than enough to go on.

Get your act together. Get some advice (check your bludy insurance policy...) or go CAB.

You are giving the original builder notice to sort both issues - the floor (and tiles) and the smell. They need to understand (a) this is going to be as bludy big job, and (b) they WILL end up paying for it if they don't sort it themselves.

Did they also install the kitchen? If not, they might argue (I don't know if legally successfully - get advice) that it's nothing to do with them - they might agree to sort the floor but have nothing to do with the kitchen, either removing or replacing it. So you might - I dunno - be out of pocket on this - unless you get advice that confirms you are covered and can sue them for the kitchen as well (which would be fair enough in my books).

(In theory, this extra consequence should be covered by the builder's insurance anyway, shouldn't it?)

Enough seeking advice on here - you are going to have to grab this one properly and get proper advice. No, a smell like that is unacceptable - it'll make your life miserable. This is your HOME, for your new extended family.

 

GET SOME BLUDY PROPER ADVICE!!!

Ask at CAB and check yer household insurance - have you done this yet?!

Also check the original documents/invoices - anything on there about warranties and indemnity cover?