Pensioner couple’s claim under Qld Home Warranty Scheme for sinking house denied

After pouring their life savings into a home, a Fraser Coast war veteran and his wife are watching it slope and crack at its seams. Now, their insurance claim has been denied. PHOTOS, VIDEO:

Cracks in the ceiling, holes in the backyard and a sloping bathroom remind a Fraser Coast pensioner couple their home is literally sinking into the ground beneath its foundation.

Christine and Leonard Wade poured their life savings into buying their Hervey Bay home in Hughes Rd, Urangan, originally a display house, in 2020.

They say they have been told that despite the home only being built in 2018, its foundations have given way, causing it to subside.

“I’ve been wearing glasses since I was three years old, I take them off as soon as I drive through my garage … I do not want to see this,” Mrs Wade said.

“I keep my house immaculate … we have always been very house proud.”

Leonard and Christine Wade poured their life savings into buying their Hervey Bay home in 2020.

Mrs Wade is a full-time carer for her husband, Len, who has Parkinson’s disease.

He was a plasterer before he served in Vietnam and is currently on the TPI veteran pension.

In August 2020, about six months after moving into the home, Mrs Wade first noticed some damage.

After contacting the builder, the couple approached the Queensland Building and Construction Commission to lodge a claim in 2021.

However, their claim under the Queensland Home Warranty Scheme was denied as they were out of the strict three-month time period for reporting structural damage.

Mrs Wade said she was not aware it was structural damage, nor that it needed to be reported in three months.

She questioned why the QBCC had continued the reporting process for nearly a year if there was a time frame, highlighting she received the report in June, 2022.

Some of the large cracks forming on the ceiling in the bathroom. Along with the bathroom, Ms Wade said the worst parts of the home were the pantry, kitchen, dining room and lounge room.

At present, there are visible cracks on the walls and ceiling of the house, and holes have surfaced in the backyard.

The bathroom also slopes at an angle which causes water to drain into other areas of the house.

The couple has even felt the house shake on a number of occasions.

Mrs Wade remembered the last payment she made with her husband on the mortgage, and thought they were set for the rest of their lives.

“And now we’ve got something I don’t even think is worth a penny …” Ms Wade said.

“A house that should have been a lot of pleasure has become a house of hell.”

Holes are also forming in the backyard of the couple’s home.

Councillor David Lee said it was time the State Government urgently reviewed the QBCC regulation, and considered extending time limits for claims under the QHWS as three months was “unreasonable”.

“The QBCC legislation is supposed to achieve a reasonable balance between the interests of building contractors and consumers …” he said.

“In Len and Christine’s circumstances, it is absurd to expect them to be aware or reasonably aware of a structural defect in residential construction work without a geotechnical and structural engineer’s report.

“The recent QBCC Governance Review recommended establishing an independent and quarantined dispute resolution process, however, it is too little and too late for Len and Christine who have poured their life savings into the purchase of their new home.”

The structural issues are causing damage in many rooms of the house.

A QBCC spokesperson said it would be inappropriate to comment about a particular matter, however if a homeowner suspected defective work at their property, they were encouraged to contact the QBCC immediately.

“The Queensland Home Warranty Scheme (QHWS), subject to legislative requirements, allows an owner to make a claim on the cost of repairs for defective building work for residential construction work,” a spokesperson said.

“An owner must lodge their defective work complaint within set time frames to be eligible for a defective work home warranty claim.

“The time frame differs depending on whether the defect is structural or non-structural.”