Damp guarantee – is it worthless?

Damp guarantee – is it worthless?

0:01 AM, 15th September 2023, About 8 months ago 7

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Hello, I’m hoping for some advice please. I had rising damp treatment carried out beneath the bay window of a Victorian terrace and the firm I used recommended ‘tanking’ as the way to deal with it. The contractor’s 20-year guarantee now appears to be worthless on the sale of the property. (I had no sight of the wording until after all the work was completed and paid for).

The wording is: Valid under the following contingencies subject to the production of the original guarantee a) whether breakdown is caused by faulty materials or faulty workmanship b) whether the property treated under the guarantee changes ownership during the period of the guarantee.

Photometer readings ranging from red to ‘not red’ on the tanked area were taken at different times (and to make allowances for condensation and other causes) I asked a PCA (Property Care Association) damp contractor to visit – and the verbal advice was that this area should have got DPC treatment, not tanking.

The property is now for sale. If the tanked area goes on to fail after the house is sold, would a claim for faulty workmanship still be valid? Does the change of ownership cancel the potential to claim this aspect of the guarantee by the new owners?

I declared the guarantee on the conveyancing paperwork – but now I don’t know whether it’s worthless or not.

Does anyone have any advice? Thank you.

Karen


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Comments

Paul Essex

11:01 AM, 15th September 2023, About 8 months ago

Yes these guarantees are generally worthless to a new owner but their conveyancing solicitor will still want one - more to show that the work was done professionally than for the guarantee element.

Stuart Haynes

11:16 AM, 15th September 2023, About 8 months ago

Yes it's worthless.
Also, the PCA is an industry body representing damp proof injection companies. You can usually ignore their advice.

Judith Wordsworth

12:30 PM, 15th September 2023, About 8 months ago

No different from most companies double glazing guarantees.

Wyn Burgess

10:13 AM, 16th September 2023, About 8 months ago

Leave it to the purchaser and their surveyor to make the assessment of the damp. You have acted in good faith. Remedial damp proofing works are problematic in that high moisture meter reading can still be taken especially if the meter is radio type that does not have pins but relies on a sort of radiation to detect damp below the surface after the works. Tanking is also more vulnerable to condensation than the original lime or replacement Carlite plaster. If no damp is visible I would not worry. The purchaser can get an injected damp proof course installed at modest cost if they want. The real issue for me is something that damp proofing company surveyors rarely warn of, it is the risk of decay to floor timbers beneath the carpet/laiminate if they are not adequately isolated from damp bricwork and/or poorly ventilated. Best Wyn B

Michael Crofts

11:13 AM, 16th September 2023, About 8 months ago

These guarantees have no value. I was the estate surveyor for two very large estates of retail and mixed use properties - at one time I was responsible for the largest private estate in the UK measured by number of properties. I have never seen any claim against these guarantees succeed and I ended up using ordinary builders to deal with damp problems, not so-called specilaists (or worse still "experts"). In fact in my own greatly diminished portfolio I am currently dealing with damp problems in a residential property and it is my usual builder who has helped me devise an appropriate solution.

LordOf TheManor

17:24 PM, 16th September 2023, About 8 months ago

Thanks everyone for the input.

The buyers had a RICS survey done which was 90% waffle. Their protimeter found damp readings in the areas worked on less than 3 years ago - as well as new damp areas since that work was done.

Buyers got a local damp company in to survey and quote. Their price of £10k included the works they said were now required throughout the house. Over half of this work is still under guarantee while I own the house.

The firm I used say in their advert they carry out free quotations by a 'Qualified Surveyor' (no accredition supplied) and that the firm is a Sovereign Approved Contractor. Also says they offer insurance-backed guarantees - but that proved not to be true.

I've got the Sovereign technical person coming to visit next week. The high damp readings are in both the two tanked areas and two areas given a DPC. Some of it is visible - some of it isn't. Either way, it's failed before it's 3 years old!

This work should be properly regulated. Why isn't it? The work involves £1000s and it should be compulsory for any firm claiming to be an expert in the field of dampwork to provide insurance-backed guarantees that stay on the property.

Wyn Burgess

8:15 AM, 18th September 2023, About 8 months ago

Oh dear, your tale is sadly too common. Proper diagnosis of damp requires a Speedy Meter to analyse samples of brick to determine whether they are excessively damp - it is not speedy despite the name! Protimeters are great but often tell you about damp that you have not in fact got. I personally don't bother with tanking damp areas, just using an injected dpc and re-plaster using a foam and cement based shower lining board like Wedi glued to the wall using tile adhesive then skimmed, that way any remaining damp is masked and meters do not pick it up! It also has the benefit of being much warmer than the tanking plaster. Floor timbers though have to be isolated and ventilated.
All you can do is negotiate a suitable discount in this situation - be careful the buyer could easily pull out.

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