Small Claims Procedure

PiKe · 15 Oct 2018 at 13:16

I had a waterproof render applied to an external wall on the premise that it would definitely stop penetrating rain - it hasn't, and I'm struggling to get hold of the company who did it. I've sent an email stating that they have 14 days to resolve the issue before I take further action.

Should I send the same as a recorded letter so I have proof that it was delivered?

Mason- · 15 Oct 2018 at 13:21

Are you absolutely certain it's going through the render? Is the render sand cement based or lime based?

Do you have a chimney etc or some way you could be getting a leak through cavities etc. What indicators are you using to know that the render isn't working? Internal visible signs of damp? There could be a lot of reasons for that.

That aside, did you not try ringing them? You could always try ringing them from a friends phone, I assume they still want to take on work?

PiKe · 15 Oct 2018 at 13:28

The room is suspended over a carpark drive under. The moisture is on gable end wall and is visible and damp to the touch, they promised me it would fix it.

I had someone horoscope the wall prior, and the wall is full of white wool crap which should never have been put into a west facing wall, housebuilders are clowns... But way over the NHBC gaurantee. Previous owner of the properly just covered up the issue when I bought the house.

The damp is in exactly the same spot as before and there's no other damp above that area, if it was leaking through the top and running down the inner skin, it wouldn't just come out at that area.

Martynt74 · 15 Oct 2018 at 13:44

have you got it in writing that they promised the work would stop the damp?

touch · 15 Oct 2018 at 14:58

PiKe said:
The damp is in exactly the same spot as before and there's no other damp above that area, if it was leaking through the top and running down the inner skin, it wouldn't just come out at that area.

I'd guess you probably need more evidence than this to be successful in court?

Having the damp in the same place as before doesn't necessarily mean they havn't done the job properly - it could equally mean that the render was never the problem in the first place.

PiKe · 15 Oct 2018 at 15:17

touch said:
I'd guess you probably need more evidence than this to be successful in court?

Having the damp in the same place as before doesn't necessarily mean they havn't done the job properly - it could equally mean that the render was never the problem in the first place.

My point is the promise that applying the coating would fix it.

Marvt74 said:
have you got it in writing that they promised the work would stop the damp?

An email, yes.

touch · 15 Oct 2018 at 15:21

PiKe said:
My point is the promise that applying the coating would fix it.

What did they actually promise you?

In the OP you said they promised you the work would "definitely stop penetrating rain" and now you say they promised that "applying the coating would fix [the damp]".

PiKe · 15 Oct 2018 at 15:33

It's damp because of the penetrating rain, its bridging the cavity and getting on to the inner skin.

touch said:
What did they actually promise you?

In the OP you said they promised you the work would "definitely stop penetrating rain" and now you say they promised that "applying the coating would fix [the damp]".

"completely eradicate your damp problem "

touch · 15 Oct 2018 at 15:48

PiKe said:
It's damp because of the penetrating rain, its bridging the cavity and getting on to the inner skin.

Like I said before, you'd probably need some sort of evidence of that if you dont already have it. Some sort of engineer's report or something?

PiKe said:
"completely eradicate your damp problem "

That seems pretty clear-cut then. But maybe check what the small print you agreed to says about it.

JBuk · 15 Oct 2018 at 16:21

Are you sure it’s not just residual moisture that you’re now seeing?

A guy we had round warned us off from using external waterproofing as he said most times it just trapped moisture inside and made things worse

Mason- · 15 Oct 2018 at 16:39

JBuk said:
Are you sure it’s not just residual moisture that you’re now seeing?

A guy we had round warned us off from using external waterproofing as he said most times it just trapped moisture inside and made things worse

That's why I asked if it's cement based, because if it is that's exactly what it will do. Especially with cavity insulation (although depends what type). You're creating an impermeable barrier for any moisture to get out too, so any moisture in the wall will now have to go inside and you'll see that manifest by damp patches. A lot of the time renders can cause damp rather than prevent it.

A truly damp wall can take a long time to dry too.

LOAM · 15 Oct 2018 at 16:53

What type of render was it, cement or silicone based?. If cement based it may allow moisture through, if silicone it could be trapping existing moisture within the cavity which is working it's way out.

That said you should also look at what's above the room as water can and will track down a cavity until it either finds a weak spot and comes in. Don't forget also that just one badly laid or failed wall tie can leech water in over.

Columbo · 15 Oct 2018 at 22:04

Think good advice has been given already but I'll just add that be sure to understand the process thats happening now before kicking off. The moisture could simply be the wall drying out, we had cement rendering done on a previous property and it took a few weeks for the dampness to subside, 2 dehumidifiers helped speed the process as well.