Repair - Who should pay

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    Repair - Who should pay

    I am a lease holder. My flat has a balcony and the balcony floor board are my responsibility. Anything below floor board is free holder responsibility per the lease agreement. There is some residual water build up happening below the floor board and some drainage issues that is leading to water build up which is causing dampness in the floor below. The management company is willing to pay for fixing the problem (below the floor board) but want me to pay for lifting the floor boards . Are they right in asking me to pay for the removing the floor boards and putting then back later. They have send me a quote of GBP 700.00!!

    #2
    Why is the water building up? Maybe it is not evaporating due to the flooring? Or the drains are getting blocked?

    I think that might determine it. Do you have to have floor boards or was that at your discretion?

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      #3
      Decking board came in the balcony pre-installed when I bought the flat many years ago. This problem never happened in the last 10 years but now there is a water retention and it seems the drains are getting blocked. Drainage system is below the decking.

      Comment


        #4
        I suspect (as happened in one of my flats) a previous lessee installed decking on top of the balcony floor.

        I cannot see how the freeholder (and in effect all lessees) is responsible for that decking, and it is obstructing the maintenance they need to carry out. If it actually caused the blockage (by preventing proper cleaning and inspection, or by preventing water evaporation so the floor was continuously wet) you may (and probably should be) held liable for the other repair too.

        Have all the other flats got the identical decking?

        Comment


          #5
          yes all flats have identical decking. The decking was installed on all flats by the freeholder

          Comment


            #6
            Originally posted by APAT View Post
            yes all flats have identical decking. The decking was installed on all flats by the freeholder
            OK that's tricky then. In that case i'd refuse. It would be similar to having to remove and replace your wall plaster and decoration to get to a communal pipe. So I'm shifting my view.

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              #7
              I agree with Andrew. If the circumstances are as described, removal and replacement of the decking should be the responsibility of the freeholder as part of tge repair they are carrying out.

              Comment


                #8
                Thank you AndrewDod and Macromia. I have pushed back using some of the arguments you supported me with. Lets see what the management company comes back with.

                Comment


                  #9
                  So my balcony came from the builder with the decking installed when I bought the flat. My lease states that the balcony floor surface is my responsibility. Anything below the floor surface is not my responsibility in general in the flat and balcony as per the lease also. So what is the floor service legally in this context ? Is it the wooden decking or the surface below the wooden decking ? It seems the problems lies in the surface below the decking and I am not sure if the decking is the floor surface or is the surface below the decking the floor surface legally as per the lease ?

                  Comment


                    #10
                    If your flat came with a fitted carpet (your responsibility to replace the carpet later) and they needed to rip out that carpet to deal with a problematical pipe in the floor they (or at least all the lessees) are responsible for putting carpet back to what it was.

                    If you decided to put a gold-plated sheet on your floor and they have to rip that up, then not so much. Or if there was laminate and you put a £500/sq metre carpet on top.

                    The issuer is not to do with ownership/ but why the work needs doing exactly.

                    Comment


                      #11
                      Andrew, Lease just says that I am responsible for the floor but what is the floor in the case of a balcony that came with decking pre-installed ? Is decking the floor or the surface below the decking the floor. Apparently in the surface below the decking there is water retention which is ingressing into the flat below

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