Floor problem in newly bought flat

cublet

Hi all,

I don't even know where to start with this so I decided to start with the trusty MSE forum!

I've just bought a flat in a converted listed ( grade II) buidling which was built in 1890 and converted to flats in 2004.

On taking up the bathroom Lino we have discovered it is not safe and shoddy plasterboard has been cheaply, unsafy put over the loft insulation. Someone better with these things than me reckons it will be in breach of building regulations.

There is no flat below me as its first floor and underneath is a communal area.

Am I liable for this or is the freeholder? It's my floor but technically also their ceiling...

All thoughts welcomed!

HappyMJ

cublet wrote: »

Hi all,

I don't even know where to start with this so I decided to start with the trusty MSE forum!

I've just bought a flat in a converted listed ( grade II) buidling which was built in 1890 and converted to flats in 2004.

On taking up the bathroom Lino we have discovered it is not safe and shoddy plasterboard has been cheaply, unsafy put over the loft insulation. Someone better with these things than me reckons it will be in breach of building regulations.

There is no flat below me as its first floor and underneath is a communal area.

Am I liable for this or is the freeholder? It's my floor but technically also their ceiling...

All thoughts welcomed!

I would say the freeholder is liable to fix the buildings structure which would include a high density fibreboard floor and certainly not plasterboard. You are liable for the floor covering but you've got have a decent floor to cover in the first place.

Doozergirl

HappyMJ wrote: »

I would say the freeholder is liable to fix the buildings structure which would include a high density fibreboard floor and certainly not plasterboard. You are liable for the floor covering but you've got have a decent floor to cover in the first place.

... But freeholders aren't liable to pay for anything, so the funds will come from the leaseholders!

HappyMJ

Doozergirl wrote: »

... But freeholders aren't liable to pay for anything, so the funds will come from the leaseholders!

That's true...everyone in the whole building will in time pay for the repair. Cheaper than paying for it themselves.

eddddy

Hopefully, your lease will clarify the situation.

As an example, I have a lease which explains that the floor and joists are my responsibility, but the plaster fixed to underside the joists is the responsibility of the owner downstairs.

Similarly, I'm responsible for the plaster on my ceiling, but not the joists above the plaster.

KiKi

Agree, you need to look at your lease to see what elements you're responsible for, and what the freeholder is responsible for (albeit charging any repairs to the leaseholders as a group).

teddysmum

This looks like another case of not having a survey. Surely essential with such an old building ?

Bogof_Babe

teddysmum wrote: »

This looks like another case of not having a survey. Surely essential with such an old building ?

Would a surveyor have taken the bathroom lino up?

Irratus_Rusticus

cublet wrote: »

Hi all,

I've just bought a flat in a converted listed ( grade II) buidling which was built in 1890 and converted to flats in 2004.

On taking up the bathroom Lino we have discovered it is not safe and shoddy plasterboard has been cheaply, unsafy put over the loft insulation. [...] Am I liable for this or is the freeholder? It's my floor but technically also their ceiling...

Any new leasehold owner could fast track their knowledge by searching here...

http://decisions.lease-advice.org/

for the word "Breach" and be amazed at their vulnerability.

I don't fully follow the description of the bathroom floor but I would advise to carefuly read the lease as others say and be confident the previous flat owner didn't do the shoddy work without any needed written consents (landlord's most importantly).

The buyer inherits any breach. If you find the problem could be 'local' to the flat owner, might be best to have the floor reinstated to match other floors in the demise and quickly lay that lino again (unless you must have carpeting of course!).

Leasehold ownership can be a tough gig sadly.