Damp problem.

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    Damp problem.

    In the lease it says that the lessor should maintain the gutters, pipes etc. I live in a converted house, owning the ground floor and the freeholder owns the 1st floor.

    The gutter on the roof is broken therefore pouring all the rain water off the roof and onto our conservatory below which is now leaking. I’ve asked them twice to get this problem fixed as it is a fire risk and it is damaging our property. I recently found damp due to this also, of which a damp surveyor has confirmed its due to the broken gutter, can we ask them to pay out for the damages to get this fixed as it’s through their negligence as the freeholder?

    They have told me they had a couple of quotes and have said it’s going to be a difficult job since they need to erect scaffolding in the neighbours garden to reach the gutter due to our conservatory being in the way, but have done nothing about it for months. I got a roofer round yesterday who said he can put a crawl ladder over the roof to fix it for a mere £50!

    We are on the market to sell and had an offer of which we accepted. Their surveyor found rising damp also on the property and they then pulled out of the sale. Since it’s structural would the freeholders need to contribute to remedy this?

    Thank you all for your advice.

    If you have damage to your property that has been caused by somebody else's neglect you can ask them to fully compensate you for any financial loss.
    If they refuse, and you have sufficient evidence, preferably including evidence that you told them about the problem a long time ago, you could take them to court.

    Tell them you have found a roofer who says it can be fixed easily and cheaply, and ask them to pay for any damage caused by the leak.
    Whether you would want to start a court case if they don't pay will depend on the amounts involved and whether it is worth the stress.

    With regards to rising damp, who is responsible for fixing that depends on what it says in the lease.


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