Damp and Freeholder's responsibility

Elfinlodge

I am selling my flat. It is Leasehold. The Lease states that the Freeholders responsibilities are - To keep in good repair and condition the structure, foundations, roof, gutter, drains, pipes and exterior etc. The purchaser is now asking questions regarding who pays for damp.

For 35 years we have interpreted this as the Freeholder being responsible for the damp repairs (which in a property built in 1825 are issues do come up!). In the last few years a new MD has taken over and she does not believe that damp is covered by the lease and therefore no one can get payment for works (even drains are an issue).

As this is a standard lease and both my Solicitor and the Purchases Solicitors say she is wrong where can I go to get clarification - just found out today that we do not have a Company Solicitor!!!!

Additionally even if found that they were responsible there is a question over whether this applies to an internal wall that separates the next door flat (unusual situation it is an external wall built in 1825 that was built onto in 1875). MD says it is an issue for them?

Is there a place where I can get info on this? Or do I just have to take to the small claims court.

Many thanks

Fire_Fox

Welcome! Who pays for what kind of damp - leaks, condensation, rising, penetrating? Have you had an independent timber and damp specialist's report (NOT a DPC company)? Are you using a solicitor who specialises in leasehold matters, including disputes and the LVT, or a bog standard conveyancer?

Nothing to do with small claims, you would need to go to an Leasehold Valuation Tribunal or RICS arbitration or similar for a ruling. Read the advice guides thoroughly, it's also worth searching the LVT decisions http://www.lease-advice.org/publications/