Summary
Relevant sections of the New Homes Quality Code
Part 3: After-sales, complaints and the NHOS
Investigation outcome
Partially upheld. The customer was awarded £150 in compensation.
Recommendations for developers
- Handle complaints in line with required timescales and avoid closing complaints where further investigation or follow‑up has been indicated.
- Communicate clearly and consistently with customers to minimise confusion and distress.
Issue
The customer complained about a pest infestation affecting the turf in their front and rear gardens and said the developer failed to take responsibility for the issue. They also raised concerns about delays, inconsistencies and lack of clarity in how their complaint was handled.
Circumstances
- Around 18 months after completing on the new home, the customer reported significant damage to their lawn, including patchy grass, holes and turf being pulled up by birds. They believed the damage was caused by a pest infestation and were concerned that the turf quality and laying conditions were poor, particularly as they had paid an additional £760 for the turf.
- The customer said the turf had been laid in wet and muddy conditions shortly before completion and had never been level. They believed the infestation may have been introduced when the turf was laid and asked for the turf to be replaced.
- The developer inspected the garden and advised that the issue was likely caused by lawn pests, which they considered a natural occurrence and part of normal garden maintenance. A landscaper later attended and provided advice on treatment options and prevention. However, the customer remained concerned about conflicting information regarding the type of infestation and was dissatisfied with the delays and the way their complaint was handled and closed.
Ombudsman’s decision
The Ombudsman found no evidence that the turf supplied or the conditions under which it was laid were defective or failed to meet the relevant specification or standards. The Ombudsman noted that the customer did not raise any concerns about the quality of the turf until around 18 months after completion, and that lawn pests such as leatherjackets or chafer grubs are naturally occurring and can arise from a variety of sources. On this basis, the Ombudsman did not uphold the complaint regarding the cause of the infestation or the condition of the turf.
However, the Ombudsman found that the developer did not always provide the customer with clear or accurate information about the infestation, and that there were delays and ambiguity in handling the complaint. Conflicting advice about the type of pest present and how to address the issue, along with delays in responding, caused the customer distress and inconvenience.
Learnings
- Naturally occurring garden issues can arise after completion, but advice provided to customers should be accurate and consistent.
- Clear, timely and consistent communication during the complaints process is important to avoid unnecessary frustration for customers.
- Clear explanations of maintenance responsibilities and next steps help manage customer expectations and reduce dissatisfaction.
