Works to a Leasehold Flat - who pays!

corbetth

Hope this is the right place to ask my question.

Damp was recently found in my leasehold flat. The freeholder (well, actually the tenant run Company's managing agents) arranged for a company to come in and tank some of the walls. However they have refused to cover the cost of:

(a) the post works clean (the company peforming the works mentioned that an industrial clean up would be necessary - thats certainly the case)
(b) any redecoration of the walls that were pulled down in the course of the works (they've re-plastered only)
(c) the cost of replacing the original skirting boards - we've been left with skirting boards that do not match the original moulded boards elsewhere in the rooms affected.

The managing agents say that this is all justified as I, the leaseholder, am liable for the interior decoration of the flat, despite the fact that the interior decor was only ripped out to damp proof the external walls.

They have refused to address the cleaning point. Nor are they saying anything about compensation for the fact we had to move out of the flat for the period of the works due to the dust and occupation of the rooms by workmen and their stuff.

I understand that this has a lot to do with the fact that damp is an uninsurable risk (i.e. if the roof had leaked, they would have paid for all of it) and therefore hits the service charge, not the insurers.

Does anyone else have experience of this sort of thing? Any advice on whether I should be moving to the small claims court to recoup our costs for cleaning/re-decoration etc? These are now amounting to around £2000.

Thanks in advance

Hannah

never_enough

Well, you did better than I did in the same position! I had to pay for all the works myself which included tanking & replastering. Basically I couldn't bear to live in the flat without the work being done! Under the terms of my lease (& yours will probably be the same) the cost of the works should've been divided by the number of flats.
I had no need of an industrial clean after the work was done (& that was plaster from every external wall in the flat hacked off!) so I'm wondering how messy your guys were? Even so, I believe that is your responsibility, along with the internal redecoration. Despite it being caused by necessary work. The flip side is that your flat is a better place to live & now saleable again.

hazeyj

This will Def be covered under the building insurance......most def the building insurance should have paid for your alternative accommodaton and also rectifying the damage.

I would imagine that your managing agernt would pay your bulding insurance and so they should be the one to instigate the claim alternatively you will have building insurance provider in your flat purchase documents so you could contact them direct.

Or the service charge could pay for the works to be done and or the cost of rectiying the damage. You should not have to be out of pocket or be put to inconvenience for works done to common parts.

Was it done as an emergency or was it planned works?

Your managing agent wants sacking for not already telling you this information.

Good luck.