Withhold maintainence payments due to dispute with Manageing agents

Susan1942

I had water damage to my apartment in Jan 2012 Despite best efforts the remedial work has not been carried out., 2 Surveyor reports have been instructed both said that scaffolding needs to be erected so that proper inspection of the roof and the area around dormer windows so that remedial work can be carried out, \In the 14 years \i have lived here water ingress has been an ongoing problem,
I am paying just under £4000 anually the problem now is that work internal decoration can;t be carried out until the source of the water damage is put right. The problem now is the insurance say they will not pay for the internal redecoration saying that the management company are negligent and the management say that they have and are dealing with the problem and say that the insurance company should meet the costs. The damage occured almost 13 months ago and is still not even been properly inspected. My daughter has told me to withold the current quarterly maintainence payment saying that whilst I am in law required to pay this the management company have not fulfilled their part of the contract in carrying out the necessary maintainence issues. This issue is causing me a great deal of stress and anxiety and I am concerned that they may take legal action against me. They say they are trying to deal with my complaint but as to when they will commence the investigation regarding the damage caused to my flat due to the water ingress. I don't think that I should have to have todeal with the insurance company the Leaseholder and the Manageing agents We do have a very proactive Residents Committee but despite their best efforts every issue that occurs results in delays some as long as 5 years regarding the issue of a replacement security system
As I have said the water ingress is now 13 months and they will say we have had discussions and inspection of the problem and are trying to find a solution. They have been advised last September that scaffolding needs to be erected so that proper inspection and remedial work to make my apartment water tight. As I have said this problem has existed in the 14 years I have lived here there has been a lot of money spent on the roof but to date they have not resolved the problem.
My daughter who has a law degree and works as a technical claims loss adjuster has now written to them on my behalf and it is she who says that I should wait on a response as to who is prepared to accept responsibility for the cost of the internal work required within my apartment. The fact that despite the time delay there is still no investigation being carried out to try and carry out the work required I know that it is difficult to give me any proper advice but it seems like the threat of withholding payment of the current quarterly payment the amount being £1150 + £34 for the ground rent and maintainence for the garage What else can I do to force the issue of having rhis remedial work carried out Views and ideas would be appreciated Thanks Sue

Susan1942

I am just posting this following a query I put on here . There was no response to my posting. I would like to let you know that after a long time 16 months the insurance company have now said they will settle the claim.
Work on the roof was undertaken last week with scaffolding insitu. The Surveyor inspected the roof prior to the roofer carrying out the work and again checking it again whilst the roofer was here.
Only the redecoration was covered by the insurance. The repairs to the roof are covered under the money in our sinking fund.
At times I felt it was not worth the hassle BUT there was a principle in that the Managing Agent have to accept some responsibility. They were saying oh the roof is fine ! The inspections showed that it was very obvious what the problem was.
This properties is for the over 55's and many people are 80+ and even 90+ Due to this I thought it important to see it through and that in future someone else will not have the stalemate I had to see through. I am grateful for all the help I find here on these forums Whilst there was no response I thought I would post my success in this fight.

Sue

ValHaller

Susan1942 wrote: »

There was no response to my posting.

The relevant expertise lives on the housing forum http://forums.moneysavingexpert.com/forumdisplay.php?f=16

glad it is now sorted.

Susan1942

Thank you!!!:j