Leasehold - who is responsible for what?

Lv28061

Hi,

I’d really appreciate some initial advice on an issue that’s just surfaced.

I bought a leasehold flat about 2 years ago which is part of a 14 Flat development. My flat is on the ground floor and has a private entrance and garden. The garden sits above the communal underground car park which has been suffering from damp for a few years. The garden was covered with decking which had started to rot which I have now removed. On doing so the management company instructed a surveyor to investigate the cause of the car park damp.

The surveyor has concluded that the damp proof membrane that separates my garden from the car park has issues, i.e. some splits in the membrane and issues where the drains penetrate through the membrane into waste pipes. The membrane covers about 80 sq metres and rises up the side of the walls of the property by about a foot. The surveyor suggests remedial action to the membrane.

My assumption was that the damp proof membrane formed part of the structure of the building but the management company are saying I’m responsible for this and the costs.

The building is only about 11 years old and I strongly suspect these issues are as a result of poor construction. Does anyone have any experience in this area to help me challenge this?

Thanks,

Rich

Alter_ego

Have you read your lease?

phill99

As above, you need to look at the lease to determine what is classed as 'structure' Typically the freeholder is responsible for structural issues (but then recharges the leaseholders so that no one person pays a disproportionate share.


If the membrane is leaking as a result of poor installation, then it certainly shouldn't be you that foots the bill.

Lv28061

Thanks

I have tried to read the lease but it’s really not very clear. It does say that I am responsible for “the floors down to the upper side of the joists, slabs or beams” but it also says “excepting and reserving the main structural parts of the building including the roof foundations and the external parts thereof”.

So it seems like it’s open to some interpretation as to what’s “structural”. Or maybe I’m looking for a get-out which isn’t there!

phill99

No it isn't open to interpretation. The leak into the basement is outside of your responsibility.

pinklady21

The membrane is part of the foundation I would have thought? therefore that is the freeholder responsibility?
It is therefore for them to decide what to do, including arguing with the original builder that it was not constructed properly in the first place.
Write to the freeholder detailing the issues and asking them politely what they intend to do about it.
Best of luck.