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Latent Defect Claim Letter

A fictional homeowner's measured pre-action claim to a York developer for foundation movement discovered after completion.

Jurisdiction: England and Wales - completed fictional worked example

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Important: This sample provides general legal information only and is not legal advice. Check the law, prescribed forms and signing requirements that apply to your exact jurisdiction and circumstances before use.

# LATENT DEFECT CLAIM LETTER

Date: 7 April 2025

Parties: From: Daniel Morgan, owner of 5 New Close, York YO24 2NL. To: Northfield Homes Ltd, 20 Station Way, Leeds LS1 4AB.

## 1. Subject and contract

Subject: latent structural defect at 5 New Close. You sold and completed the new-build house to me on 14 February 2021 under the sale contract of 10 December 2020. The NHBC Buildmark policy number is BM-21-55678. I seek investigation and repair, not an admission of liability at this stage.

## 2. Discovery and technical findings

Progressive diagonal cracking appeared around the rear window between August 2024 and February 2025. A structural engineer inspected on 18 March 2025 and reported likely foundation movement, requiring further opening-up and monitoring. The report identifies workmanship and drainage possibilities but does not yet determine the cause conclusively.

## 3. Claim basis and quantified loss

I reserve contractual rights and any claim that may arise under section 1 of the Defective Premises Act 1972, subject to the facts, limitation and the current law. Two contractors estimate necessary works at £28,400 and £31,750; I presently claim the lower evidenced estimate of £28,400, plus £1,260 for the engineer and £2,100 for reasonable temporary accommodation if works require it.

## 4. Inspection and proposal

Please acknowledge by 14 April 2025 and propose a joint inspection by 25 April 2025. Within 14 days after inspection, please state whether you will investigate and complete an agreed scope at your cost, or provide a reasoned response. Do not undertake intrusive work without agreeing method, reinstatement, insurance and access.

## 5. Documents and procedure

Enclosed are the contract extract, completion statement, Buildmark schedule, engineer's report, dated photographs and two estimates. I will notify NHBC in accordance with its current policy process if appropriate. This letter is an attempt to resolve the dispute; any court pre-action protocol, limitation date, prescribed form and jurisdiction must be checked against current rules. Daniel Morgan, owner.

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