Damp proofing to individual flat

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    Damp proofing to individual flat

    I have recieved a notice from one of the leaseholders who want to all of us who are also freeholders to pay for damp proofing works to her flat but I feel that this is for her to pay for just as I have had to pay for damp proofing in my own flat


    "I visited site today to make further investigations with regards to the damp problems to flat No. 3 ( above address ).

    The skirting had completely broken down and pulled away from the wall with ease, the back of the skirting and low level plaster was completely sodden.

    The skirting boards show severe signs of wet rot, the problem for this may be two fold, on further investigation the damp appears to be concentrated in one corner area of the building, below this corner is a flower/planter bed with soil and shrubbery.

    If the building is without a DPC then the moisture contained within the soil could easily lead to rising damp within this area, also there are numerous telephone cable entry points in this area which could lead to damp penetrating the external render and soaking into the brickwork, there is also a flat ledge of about 40-50mm which will allow water to stand and enter any holes in the render. It was not possible to enter the flat directly below to inspect the walls for signs of damp in this immediate area


    SUGGESTED TREATMENT


    1. Remove internal plaster to a height of 1M from FFL and replace with a sharp sand mix of render with a propriety waterproof additive and skim coat plaster, approx 5sq M

    2. remove floorboards and treat timbers in immediate area with a fungicidal treatment and wood preserver

    3. redecorate wall internally on outside elevation only ( from bay window round to toilet wall )

    4. replace internal skirting and decorate

    5. externally, remove exterior render to a height of 2M to allow for difference in floor heights, from bay window round to small window by entrance steps, approx 12sq M

    6. drill brickwork and inject liquid silicone DPC into brickwork at 150mm approx above exterior floor level

    7. replace exterior render with new render including a propriety waterproof additive, decorate upon completion.


    Total cost of above works £ 7, 600 "


    NOTES


    1. external and internal decorations locally, there may be a slight variation in colour due to existing paint work being weathered

    2. please advise colour of external paintwork before work commences

    3. as mentioned above access to the flat directly below flat no. 3 was not possible, please advise if the occupiers have had damp problems within their property before work commences."

    From the lease the freeholders are only responsible for the communal areas and outside areas I would not have thought that we would be responsible for putting in a damp course in a leaseholders individual flat!

    #2
    I think you need to re read the lease as to what the leaseholders flat includes. If it includes the external walls then it could be their responsiblity, however
    a; the norm is for the demise to include only the plaster finishes and internal non load bearing walls ( floors might be included which adds a twist so do say)
    b; dpc normally has a structural function which would involve work to a wall even if it is demised to a leaseholder eg an internal non load bearing wall
    c; damp proofing companies sell dpc and related works. if until now the existing design has prevented damp then other remedies might be suitable.
    d; if the building did not have a dpc, and if it is the freeholders responsibility to repair the walls, the lease must allow the works to recovered under the service charge - there is clear precedent on this.

    So its read the lease in detail.


    Bearing in mind that works done on a neighbouring property might simply divert moisture from its source to another flat leading to a nuisance claim against you or the freeholder.
    Based on the information posted, I offer my thoughts.Any action you then take is your liability. While commending individual effort, there is no substitute for a thorough review of documents and facts by paid for professional advisers.

    Comment


      #3
      The freeholder usualy owns the building.
      The leasehoder owns everything in their flat
      ( usualy including the joists the flat sits on )

      So who owns the building, the exteror bricks, drive way, back garden etc.

      If damp is getting in from outside, and a few people have had this problem,
      then the building is defective in some way.
      I would think that the freeholder ( and by way of the service charge ) will have
      to investigate the cause of the ingress of water from outside, and fix it once
      and for all.

      It is debateable if you should pay for the interior, but the cause is from outside
      brickwork that the leaseholder does not own. The freeholder owns it ?
      I woul initiate, via the managing company, a check and rectification of the
      building.
      They may be able to say, such is the problem, we can only afford to pay for the
      £ 15000 outside problems, no money left for internal rectification.

      Only you know who owns the problem outside btickwork or the offending
      items causing the damp.

      you only put a dam course just below the joists on the ground floor.

      Comment


        #4
        My goodness a problem that is up my street.

        From my understanding of the problems/causation, the suggested treatment seems OTT. I am qualified to state that.

        It does sound like someone manufacturing ALOT of additional work.

        PM me your no. I will chat it through with you.

        Comment


          #5
          But first you must understand fully who is responsible under your lease.

          Getting help kindly offered is one thing knowing who has to do it is another.

          I recall one building where a formal complaint was raised over the suggestion that a new dpc was required, before the PM even got the report (!), and I inspected.

          The building did have a dpc it was being bridged due poor pointing blocked cavities a massive squirrel infestation earlier that autumn and render that had become porous, and new turf that had been built up too high and an off cut blocking the rainwater drain. Oh and the tenant not turning on the extractor in the ensuite to save money something she didn't tell the PM or the damp company! All had been done in a month and the poor PM was just getting to grips with it.

          So two days work and no new dpc required!
          Based on the information posted, I offer my thoughts.Any action you then take is your liability. While commending individual effort, there is no substitute for a thorough review of documents and facts by paid for professional advisers.

          Comment


            #6
            So is the flat below flat 3 in the basement?

            Comment


              #7
              here is a helpful decision

              http://www.residential-property.judi...t/000035A1.pdf
              Based on the information posted, I offer my thoughts.Any action you then take is your liability. While commending individual effort, there is no substitute for a thorough review of documents and facts by paid for professional advisers.

              Comment


                #8
                Originally posted by Tulula View Post
                So is the flat below flat 3 in the basement?
                Yes that is correct the one below is the basement. Mine is next door and I had tanking and a damp course put in and had to pay for it myself!

                Comment


                  #9
                  So you are still back to reading the lease, and your neighbours, to check that it is their responsibility, or a service charge cost.

                  Or politely say that "I had to pay for my own, so can you show me/us where it says in your lease that is a communal responsibility and service charge cost, and not for you to arrange and pay for".
                  Based on the information posted, I offer my thoughts.Any action you then take is your liability. While commending individual effort, there is no substitute for a thorough review of documents and facts by paid for professional advisers.

                  Comment


                    #10
                    Just want to say thank you to everyone for all your help you are all very kind.

                    No it doesnt say anything about paying for improvements in the lease, it seems it is down to proving that there was no tanking before they were purchased as to whether or not we all have to collectively pay for it!!

                    Comment


                      #11
                      Originally posted by surreygirl View Post
                      Just want to say thank you to everyone for all your help you are all very kind.

                      No it doesnt say anything about paying for improvements in the lease, it seems it is down to proving that there was no tanking before they were purchased as to whether or not we all have to collectively pay for it!!
                      Yes but that may be irrelevant if the walls are as you thought yours to repair- sorry back to the lease reading, sorry.
                      Based on the information posted, I offer my thoughts.Any action you then take is your liability. While commending individual effort, there is no substitute for a thorough review of documents and facts by paid for professional advisers.

                      Comment


                        #12
                        damp proofing

                        Too true! This is what the lease says under paragraph 2 The tenant hereby covenants........(2) to oaubt paint with two coats of good oil paint in a work-manlike manner all the wood iron and other parts of the demised premisis usually painted as to the external work" that refers to the outside walls. Then " (4) to pay one equal sixth share of the expense of repairing maintaining and renewing jointly with the lessee and occupiers of all the other premises on the Landlords Estate...all walls gates fences sewers drains and other easements used or to be used in common by the lessees and occupiers of the other premises on the Landlords Estate"..... and then under IT IS HEREBY AGREED AND DECLARED (i) that every internal wall seperating any part of the demised premises from adjoining premises shall be a party wall severed medially

                        (ii) that the basement ground and first floor flats shall each be deemed to extend to and include the plaster affixed to the floor of the flat above each and the top floor flat shall be deemed to extend from and including the floor to and including the roof thereof"
                        Last edited by surreygirl; 19-09-2011, 10:57 AM. Reason: spelling

                        Comment


                          #13
                          Ok you still need to look for a description of the demised premises- I suspect you fell unconscious reading all the legalese!
                          Based on the information posted, I offer my thoughts.Any action you then take is your liability. While commending individual effort, there is no substitute for a thorough review of documents and facts by paid for professional advisers.

                          Comment


                            #14
                            You are right LHA SSSSSSnnnnnnzzzz! I will take a closer look I thought that was the description!!

                            Comment


                              #15
                              OK I think I am there!

                              ".....Landlord HEREBY.........intented to be known as Flat AND TOGETHER WITH the landlord's fixtues and fittings in the demised premises ALL which premises are hereinafter together refered to as "the demised premises and are for thepurposes of identification only delineated on the said plants annexed hereto and thereon as to the said flat shown coloured pink on Plan A and as to the siad parking space ......TOGETHER ALSO with the easements rights and provileges set out in teh first shcehedule hereto but EXCEPT AND RESERVING as is mentioned in the second schedurle here TO HOLD the demised premises and the easements rights and privileges............... THE TENANT HEREBY COVENANTS with the Landlord and with and for the benifit of the owners......... (1) to keep the demised premises and every part ghereof (including the fixures therein) and all walls and appurtenacnes thereto in good and substantial repair and condition throughout the term and in particular (but without prejudice to the 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. (2) To paint with two coats of good oil paint in a workmamlike manner all the wood iron and other parts of the demised premises usually painted as to the external work in every third year and as to the internal work in every seventh year of the said term and in each case the painting to be done.........and after every external painting to colour the external parts of the demised premises usually so dealt with and after every internal .......PROVIDED THAT any external painting and decoration shall for the purpose of uniformity to be in a colour to be approved in writing by the landlord. (it would seem that we are responsible for the outside painting of the flat also!)

                              Comment

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