Surveyors report in respect of the roof of one of the flats

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    Surveyors report in respect of the roof of one of the flats

    We had a surveyor in and carry out a survey on the building as water was coming in through the roof of the house at the top and all the render required to be replaced.as well as drain pipes and gutters.

    In the surveyors report he has stated that where there is a roof over one of the flats that ""The flat roof over flat 4 (visible from the back) is water proofed in bitumous felt weathered in sheet lead flashing details at building abutment with lead apron details to the roof edges. This particular roof was surveyed from the rear external metal set of stairs. Whilst seemingly wind and watertight it would be sensible to strip and replace this roof covering at the same time as the other external fabric works whilst access is provided. When stripping an existing roof covering the deck should be inspected and replaced where required. Further, when a roof covering is stripped there is a need under the Buildings regulations to improve its thermal performance by installing insulation"

    He doesnt state that there is water coming in through the roof but he appers to be recommending the roof to be improved. The damp from the flat appears to be coming in through the wall ""with the rear bedroom I found mould growth particularly behind the sideboard and to the left of the window opening. Externally there is a vent above this window that could enable water to penetrate inside during wet and windy weather conditions. It is important for the rainwater goods to be functioning correctly as their failure to take water away could result in surface water run-off down the face of building. This can cause dampness through lateral water penetration".

    The thing is that there were so many extra bits needing doing that we have run out of money twice and the Project Manager who is our Agent states that there is no need to do the roof as it is an improvement.

    However the couple who own the flat are going mad that it is not going to be done and paid for by us. I already have th damp course to pay for and no one is offering to pay for that. Should I refuse or do you feel that it is part of what should be done from the monies we have paid out. So far we have paid out £14,000 each. God knows how much that roof will cost to do, but it is clear that it is only a recommendation and not something that has to be done.

    Thanks in advance for your help

    #2
    Depends what leases say.

    Comment


      #3
      Do the leases day the roof has to be maintained? Do the leases say who pays for that?

      Everything else you say is irrelevant.

      Yes it might not be worth fixing something (while up on the roof) but sometimes the cost of that or not doing that (to you) will be far greater. Depends on the facts.

      Comment


        #4
        Our block had similar problem with damp patches on walls in 3rd floor flat. Much later, the problem was found when the roof was inspected and an empty plastic bottle was found stuck at top of drain pipe where it connects to the plastic guttering. The blockage had cause the rain water in the guttering to spill over and run down front side of wall.

        Comment


          #5
          AndrewDod,

          It is not the main roof. It is a small roof over their bedroom. It looks as if is an appetences. We are responsible for the main roof but are we responsible for a small roof that is over the top of one small bedroom.

          It states (1 ) To keep the demised. premises and every part there (including the fixtures there ln),and aII walls window's , sewers drains cisterns pipes cables wires and appetences thereto belonging in good and substantial order repair and condition throughout the term and in particular (but with prejudice to the generality of the foregoing) so as to support shelter and protect the other parts of the building of which the demised premises form part.

          So is it the Leaseholders responsibility. It is only the roof over her bedroom, not the main roof which covers the whole building.

          Comment


            #6
            Gordon999,

            The surveyor hasn't said there is any leak there and states that the damp is coming from the vent and the window and coming in through the render. He only says that why we are at it, it may as well be done. However we have run out of money and she was the screaming and shouting as she wanted to put all the work off. Which we did for one full year so she could save up with her boyfriend for the money.

            The Agent says that she could always do it herself just as I had to pay out for work to be done because of the delay. I had to pay out over £2,000 because water was coming into my flat because the render was no long water proof.

            Comment


              #7
              AndrewDod,

              It is not the main roof. It is a tiny part of the roof over her bedroom.

              Comment


                #8
                We cannot see the whole lease(s) from here but there is nearly 100% chance that the freeholder is responsible for this tiny roof. Why do you think they would not? It is absolutely irrelevant which part of the building the bit serves.

                Comment


                  #9
                  In first post you said :

                  The damp from the flat appears to be coming in through the wall ""with the rear bedroom I found mould growth particularly behind the sideboard and to the left of the window opening. Externally there is a vent above this window that could enable water to penetrate inside during wet and windy weather conditions. It is important for the rainwater goods to be functioning correctly as their failure to take water away could result in surface water run-off down the face of building. This can cause dampness through lateral water penetration".

                  Is the "vent opening" at the top side of window frame or on the brick wall above the window ? Can the vent opening be shut from the inside ?

                  Comment


                    #10
                    Sorry for late reply. The vent is under the roof and on the brick wall above the window by about 10 inches and at the corner of the window also by about 10 to 12 inches.

                    The Surveyor has said that this is the reason for the damp and that nothing is wrong with the roof and the roofer we have been using has said the same and he is an experienced roof.

                    The thing is that she wants her roof insulated, which they will have to do if the carry out any repairs.

                    Comment


                      #11
                      AndrewDod,

                      I just wondered to he honest as the lease says we are liable for those areas which are used communally and it is nt a communal roof. I have the same problem as I have damp but no one is interested in paying towards a damp proof course.

                      What she wants though is for her roof to be insulated and if repairs are carried out that is what has to happen.

                      My remark about not being liable is are we liable to insulate her roof.

                      Comment


                        #12
                        Well it depends on the lease but there is a 99% chance it is "communal". For example a balcony is usually communal (in terms of repairs) even though only one flat can access it. It has nothing to do with what function the thing serves.

                        Whether it can be improved while repairing is a different matter.

                        Your damp again depends on the lease and the cause. Some buildings have an intrinsic damp problem so it is not necessarily a defect or a required repair. A damp proof course where there was not one before is not a repair -- you need to be sure that is required anyway -- if you ask a damp proof course company if you need damp proof course they will generally recommend just that....

                        Comment

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                        • Reply to Small claim online
                          by Anna1985
                          Section20z , yes you are right, a small claim determination is sufficient.

                          Unfortunately we would need to wait until we claim next payment for repairs, as the current one is under £350....
                          27-02-2021, 18:39 PM
                        • Small claim online
                          by Anna1985
                          I have finally submitted the claim online and it is now nearing 14 days since the claim paperwork was delivered and the leaseholder doesn't pick up the post.

                          Please note the leaseholder doesn't live in the address and didn't provide FHs or our solicitor with his current address.
                          ...
                          27-02-2021, 11:39 AM
                        • Reply to Small claim online
                          by Anna1985
                          eagle2 - what games do I play?
                          Do I hide my address or other FF's one - nope.
                          Do we ask monies for something that is not in the lease - nope.
                          we just want our house to be safe and well maintained.
                          Why do you think we are playing games?
                          ​​​​​​
                          ​​​​​​why...
                          27-02-2021, 18:10 PM
                        • Reply to Small claim online
                          by Anna1985
                          Section20z , thank you, I will check if that is sufficient.
                          ​​​​​​
                          27-02-2021, 18:05 PM
                        • Reply to Small claim online
                          by Section20z
                          My understanding is that a court judgement is acceptable prerequisite for s146 and I have used this many times. It's not your job to trace someone who is avoiding their obligations, he can contact you if he wants to build a relationship....
                          27-02-2021, 17:52 PM
                        • Reply to Small claim online
                          by eagle2
                          What is the point of playing games, if you know his address, just send correspondence to him. You should be trying to bridge the differences, instead you are fuelling the fire which will only cause further problems in future.
                          27-02-2021, 15:02 PM
                        • Reply to Small claim online
                          by Anna1985
                          Section20z , I'm under impression that I need a breach to be confirmed by court ie application for section 168.

                          Once I have it then, section 146 notice
                          27-02-2021, 14:55 PM
                        • Reply to Small claim online
                          by Anna1985
                          eagle2 , there is no relationship to damage - the LL doesn't want to do any maintenance as he doesn't live in the property.
                          both FFS live in the property. We want property to be maintained well.

                          So there is a problem and it would be only be resolved when LLS will get an understanding...
                          27-02-2021, 14:46 PM
                        • Reply to Small claim online
                          by eagle2
                          You can use a tracing agent if you wish to make contact with the leaseholder. Issuing forfeiture proceedings will only damage the relationship.
                          27-02-2021, 13:53 PM
                        • Reply to Small claim online
                          by Section20z
                          Easy enough, just log in online and apply for default judgement once response time has elapsed. After another few days they will issue judgement, you just send it on to Northern Rock.
                          Personally I would issue s146 alongside (plenty of sample forms online) and charge another £150 to cover the...
                          27-02-2021, 13:36 PM
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