Damp, Render, Insurance and pain!

indyhaan

Hi Everyone,

I have no idea whether I'm posting this in the right forum, or event the correct site. However, I'm at my wits end trying to deal with a problem with my house.

A Brief Story:

We've owned (leasehold) our flat for 3 years. The flat is within a period property build from stone that has bath stone coins. Many moons ago (sometime in the 1970's) the management company of the time decided that the outside of the house required rendering. Unfortunately they hired a firm that rendered the entire of the building including the bath stone coins (For reference, bath stone coins should never be rendered and should be allowed to breathe naturally). This has lead to water being trapped behind the render and partially dissolving the coins. As water cannot escape the impermeable render and dry into the atmosphere, this has led to chronic penetrative damp in my flat.

Fast forward some 30 to 40 years and we are the current owners who are left to clean up the mess and damage.

The buildings insurance doesn't cover it as there is a specific exception in the policy about crappy workmanship. I've been advised to try and find out which company did the work, then try and get them to put it right by stating that the work should never have been done in the first place! The estimate cost of repairing the work, according to 3 separate quotes is about £25,000.

I guess I have a few questions in the hope that someone can advise me on my rights or lack of them.

1. How am I ever going to find out who did the work? If I do, what evidence would I need to prove the work should never have been done?
2. Is it right that buildings insurance doesn't cover this?
3. Might I be covered by any legislation or other insurance that could help me out?
4. Help?!?!

Many thanks,

Indy

Fire_Fox

£25K devided between how many properties? Did any of the current leaseholders have a full structural survey carried out and did this issue come up? There may be a claim against the surveyor if not. TBH it sounds like it's too long to prove whether shoddy workmanship caused the current problem, even if you could find the cowboys they could counter that the render has not been properly maintained. You could end up with a lengthy legal battle only for them to wind the company up.

Not sure if there is anything of relevance here:
http://www.lease-advice.org/publications/

clutton_2

did you have a structural survey done when you bought the flat 3 years ago ? - if you did this should probably have picked up on long term penetrative damp..... if you did not - then my humble opinion is that you have ignored the CAVEAT EMPTOR rule which applies to all english property buying transactions... it means buyer beware - and fully puts the onus on the buyer to investigate before committing to purchase

in any case.. any work done 40 years ago to do with damp would no longer be within any form of guarantee - whether the work needed doing or not.....

i think you need to focus on how to get the money to sort the problem out now rather than waste time trying to find someone from 40 years ago

if you dont sort it out - you will have huge difficulties selling it when the time comes.....

indyhaan

Wow, rapid responses!:)

My fianc!e is the one who originally purchased our flat in September 2006(1 of 4 in the building). She had a home buyers survey carried out which did not pick up any damp problems at all. (i've already had words with her about the problems of buying a period property and not having a full structural survey done).

I shall ask the other owners whether they had a full structural survey done when they moved in, if they did then at least they might have some claim against their surveyors.

Its not so much shoddy workmanship - the quality of the Tyrolean render is OK, however the point is that it should never have been done. I don't know enough to know whether this is a distinction or not.

@Fire Fox - thanks for the link, I'll have a read through it.

clutton_2

who has told you it should never have been done ?

Fire_Fox

What is you find the company who rendered the property and they say the management company insisted the place be fully rendered against their professional advice? It's too late to prove otherwise now. If someone buys a Victorian house with a concrete tiled roof and structure that has never been reinforced, or a sixties house with a fifteen year old extension that hasn't been tied into the main structure do you search for the builders? Of course not, you find out in the full structural survey or you live with consequences.

indyhaan

clutton wrote: »

who has told you it should never have been done ?

I've had 5 stonemasons round...all of the same opinion.

indyhaan

Fire_Fox wrote: »

What is you find the company who rendered the property and they say the management company insisted the place be fully rendered against their professional advice? It's too late to prove otherwise now. If someone buys a Victorian house with a concrete tiled roof and structure that has never been reinforced, or a sixties house with a fifteen year old extension that hasn't been tied into the main structure do you search for the builders? Of course not, you find out in the full structural survey or you live with consequences.

harsh! but entirely fair

Fire_Fox

indyhaan wrote: »

harsh! but entirely fair

See this as a learning experience, looks like not having a full structural will cost you a few thousand but you won't make that mistake again. Next time no doubt you will buy a house, so major repairs will not be shared: a full structural survey could save you tens of thousands! :T

indyhaan

Fire_Fox wrote: »

See this as a learning experience, looks like not having a full structural will cost you a few thousand but you won't make that mistake again. Next time no doubt you will buy a house, so major repairs will not be shared: a full structural survey could save you tens of thousands! :T

If I'm honest, I would never have bought the flat in the first place. Even the hombuyers survey highlighted (entirely different) areas of concern. However my fiancee, who I didn't know at the time, was exceptionally naive and didn't have anyone to advise her properly of what to look for and do. She took the advice of estate agents and simply ponied up for an overvalued flat in what was then a competetive market.

She's utterly distraught about it now, but as you said: she wont make that mistake again. Ever.