Rising damp: freeholder or leaseholder?

  • Filter
  • Time
  • Show
Clear All
new posts

    Rising damp: freeholder or leaseholder?

    I own the leasehold of a ground floor flat in a Victorian period conversion property comprising of 3 flats in total. I have a rising damp issue and unsure if the cost will sit with me or the freeholder. Can anyone help please? I have enclosed a snippet of the quote from the damp proof company and also my lease which is so difficult to understand. I’m also unsure if I’m looking at the right part of the lease....!
    Furthermore I must mention we have no sinking fund and only pay a tiny service charge each year so any freeholder repairs would need to be shared three ways.
    Thanking you in advance!

    You do not own the "Main structure of the building". ( 99.9 % of flat leasehoders dont )
    You only own the interior of your flat up to and including the plaster on walls and ceiling.

    The freeholder is responsible to correct any water coming into the building through the freeholders external brick, pathways, driveways etc, all of which is not your remit to maintain.

    Before you state, "But the others will protest at the cost"
    Well, if only you lived there and it was all your own home, you can let it fall apart, have dangerous electrics etc, etc, but other people in the flats cannot impose on you that you live in a damp ridden flat.

    If only 3 flats and incorrect method of identifying problems before they arrise, suggests you all run the place yourselves.

    It costs what it costs to maintain a building, and all 3 will have to pay an equal share, and while you are at it, make a 5 year plan of maintenence that is required, and then you will know how much service charges are needed every year.


    Latest Activity


    • RMC who decides annual budget
      by scot22
      Is the budget a board of directors decision or MUST it be ratified by shareholders at the A.G.M ?

      If so would it be an ordinary resolution or special requiring 75% to be ratified ?
      02-08-2021, 10:55 AM
    • Reply to RMC who decides annual budget
      by ram
      I may have shares in B.T. so can I object to their spending of £ millions on below ? which are not needed, as there are plenty of other firms doing it ?


      I feel it
      03-08-2021, 15:42 PM
    • Is applying to FTT to appoint manager my best option?
      by Tom H
      I own a long leasehold in a purpose-built flat comprising of just two flats. The freeholder also owns and resides in the flat that is directly above me.
      Despite numerous attempts to get him to carry out essential maintenance to the property as per the provisions in the lease (about a third of...
      03-08-2021, 15:31 PM
    • Removing a director
      by LaraJara21
      Hi all.

      The residents management company is currently being run by a director who is very uncooperative. After 2 years of asking for a meeting, asking for copies of accounts, the insurance policy, just anythings in relation to the limited company, he refuses and continues to be very difficult....
      03-08-2021, 14:21 PM
    • Reply to Removing a director
      by eagle2
      You can arrange a meeting of members but you must include on the agenda that you intend to remove the director. You must give special notice to the director that he is subject to the vote and you must allow him to make a statement at the meeting, Make sure that you have the minimum number of directors...
      03-08-2021, 15:05 PM
    • Reply to Can directors put taking legal advice through the service charge?
      by Starlane
      I think as RAM was saying Eagle2 , I don't think a member would be liable for the costs and I have put forward that It is important to bear in mind that the award of costs is always at the discretion of the court.

      I stated " including but not limited to making an application for an...
      03-08-2021, 13:41 PM
    • Can directors put taking legal advice through the service charge?
      by Starlane
      Hello, I hope your week is going well! I firstly want to thank some of the contributors in this site as you have been very helpful with sharing your experiences and knowledge.

      So the situation is..I have sent the landlord company and its directors a preliminary notice.I also tried to...
      02-08-2021, 21:03 PM
    • Reply to RMC who decides annual budget
      by eagle2
      The agent should never be allowed the freedom to set the budget, it should recommend expenditure but it should never be the one to set it. Otherwise, a substantial part of the expenditure is likely to end up in the hands of that agent and its connected contractors,

      The agent should always...
      03-08-2021, 11:25 AM
    • Reply to RMC who decides annual budget
      by MrSoffit
      As already said, company directors are responsible to manage. If the directors do not table a resolution invited members to vote on a budget (and they would be fools to do so), the members must use a special resolution to force the directors to a different outcome. Unless the articles of the RMC say...
      03-08-2021, 11:07 AM
    • Reply to Section 20 notice / repairing obligation
      by Grah8m
      Granger - thank you.

      Yes, but must the Section 20 Notice be issued by the Landlord who does not, according to the the Lease, have a repairing obligation ? - and if Section 20 Notice is issued by the Landlord does the Landlord thereby not concede, at least by implication, a Landlord repairing...
      03-08-2021, 10:53 AM