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FTB- Damp Questions- Reponsibilities?

Hi,

We are FTB and are buying a two bed flat in London. The flat comes with share of freehold with two other flats in the Victorian building.

Our structural survey found some damp problem in the bedroom (through the lead flashing around chimney).

It will cost us (i) £500 to plaster and (ii) £3000 to fix the lead flashing and damp around chimney. We have quotes from some contractors.

We have yet to negotiate a new price for the flat. Have few questions below:

(i) Should we ask for a full £3500 price reduction from the vendor? Or we should ask for £500 as £3000 should be the responsbility of the freeholders (to be shared btw the three freeholders)?
(ii) If so, we need other freeholders to agree on the repair and carry out the repairs asap. How do we approach this? Should we go through the EA and have the vendor to approach other flats? We also need scaffolding and access to the roof. How can we make sure that other flats will be ok with the repair and timing is not delayed? Ideally, we want to have confirmation of this before we exchange?
(iii) What are our options if other flats do not want to carry out the repair?

Many thanks for all your help! We are a bit lost here...

Thanks!

Comments

  • Fire_Fox
    Fire_Fox Posts: 26,026 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    Do you understand the current arrangements for repairs and maintenance? What has your conveyancing solicitor advised you do?

    I would be inclined to assume you are going to have to stump up all the costs, until such time as you have it in writing that the other leaseholders agree to contribute. Either the vendor or his solicitor really needs to approach the other flats, as he is the only one with a professional relationship with them at this stage. The other leaseholders do not have to answer to you or to the Estate Agent.

    If you wait for confirmation now this will delay the sale, if you wait for confirmation after you have completed this will delay the repair. If you go ahead and do the repair you may never see any money as the the other flats may want a second opinion or a quote from their preferred contractor. You could try to force the issue through the Leasehold Valuation Tribunal route but you would end up with a neighbour dispute.

    I would probably throw the ball in the court of the vendor, say that you can either reduce the price of the flat by the full amount OR he can get written agreement of the other leaseholders to take a share. If he argues that may suggest there has been prior difficulties with other flats over repairs and maintenance.

    Everything leasehold here:
    http://www.lease-advice.org/publications/
    Declutterbug-in-progress.⭐️⭐️⭐️ ⭐️⭐️
  • clutton_2
    clutton_2 Posts: 11,149 Forumite
    i would want to know if the management company has a sinking/fighting fund for repairs already in existence and if not - i would be thinking twice about buying this property
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