Issues with my property management company following leak

Mattyblako

Hi all,

I've come to the forum seeking some advice with my property management company and hope somebody reading this will know how I can get this problem resolved.

Back in August 2015, we had a rainy spell and some strong winds around Manchester. We then started to hear water accessing our apartment from the ceiling. The inside of my property has been damaged with the plasterboard becoming damaged, skirting boards rotting, blinds being ruined and my laminate flooring has swollen and completely come loose in the affected area. The property management company investigated and told us that it was an issue with the cladding on the external part of the building. This meant a claim on the insurance was necessary and an excess of around £1000 to pay.

The next we heard was in Nov 15 when I received a letter saying that work was due to start in Jan 16 with scaffolding being erected first and work due to last 12 weeks and insurance advisors would be coming into the property to assess internal damage. I was over the moon, as the damage that caused the leak still hadn't been patched up or temporarily fixed and the last thing I wanted was a repeat.

Since that letter, things seem to have gone very quiet and no work commenced. The damage to the inside of my property is getting worse and i've been sending photos to the property management company and calling them every couple of weeks. The last time I spoke to them they said there was a problem with the contract between themselves and Zurich. This got me a little bit nervous hence why i'm here today.

Surely leaving my property in a vulnerable state with damage to the externals of the building for 8 months with no sign of repair is a cause for the ombudsman? I've continued to pay my service charge as normal, but I can't help feeling that i'm paying a hefty charge for the buildings insurance that doesn't sound like it's worth the paper it's written on.

I know they are on the Ombudsman register, would my next step to seek advice from them?

Any help would be great!

Matt

eddddy

I assume you own a leasehold flat.

Legally, your dispute is with the Freeholder (landlord), not the management company. By not taking reasonable steps to repair the roof, the Freeholder (landlord) is probably breaching the terms of the lease.

Here's what the leasehold advisory service says:

What can I do if my landlord breaches their obligations in the lease?

A lease is a contract and so if your landlord breaches the terms of the lease you can take legal action against them through the County Court. Where relevant you can seek an injunction, order for specific performance and/or damages. You can also seek to recover your costs.

If the breach relates to unsatisfactory management or unreasonable service charges you could apply to the First-tier Tribunal (Property Chamber) for a manager to be appointed.

http://www.lease-advice.org/information/faqs/print_faq.asp?section=18

Have a read of their website, and maybe give them a call: http://lease-advice.org/aboutus/


(At some point, you'll need to determine what the "contract problem" is with the insurance. For example, Is the damage simply not covered by the policy? Or has the mgmt co been negligent in some way which has resulted in the "contract problem"?)

AdrianC

While the lack of a temporary repair is shoddy, the cosmetic symptoms of the damage may be getting worse, but the amount of work to repair may well be exactly the same.

A damp sheet of p'board needs replacing, whether it's a little bit damp or dripping.

Either way, the damage will be repaired by the insurer.