Partially upheld: claim handling, coverage dispute, unfair claims assessment complaint against National House-Building Council (NHBC)

Decision detail

Summary

Mr K complained that NHBC unfairly handled his building warranty claim by refusing to replace roof tiles he believed were unsuitable for the roof pitch and by declining to cover floor damage caused by water ingress. The ombudsman found that NHBC's detailed inspection reports with photographic evidence more persuasively demonstrated that incorrect tiles did not cause the two separate water ingress incidents occurring in different roof areas. However, the ombudsman upheld Mr K's complaint regarding floor damage, requiring NHBC to cover this damage since NHBC accepted the roof failed due to poor workmanship and had already agreed to repair the roof itself.

The Ombudsman's reasoning

The ombudsman found NHBC's detailed inspection reports with photographic evidence more persuasive than Mr K's roofer's report, which did not include physical roof inspection. The two separate water ingress incidents occurred in different roof areas with different identified causes, inconsistent with a systemic tile defect. However, since NHBC accepted the roof failed due to poor workmanship and agreed to repair it, fairness required NHBC to cover the resulting floor damage rather than requiring Mr K to claim on home insurance first.

How this compares

Source

Read the original decision on the Financial Ombudsman Service website