Dry Rot in Communal area - trying to figure out my rights

minelli

Hi! Ive seen a few threads about dry rot and liability but my case is slightly different and Im looking for some advice and thoughts.

I am currently in the process of purchasing a flat that has had dry rot, but has recently been treated with extensive tanking and damp proofing added that has a guarantee (I know guarantees aren't all that reliable but Ive had a look and it is pretty extensive) that is transferrable from the seller to us. We had a survey and it came back o.k, minor damp detected but this was about 6 months ago and the flat was dry and no damp smell when we viewed it today.

The flat is a duplex with only one room in the basement the rest of the rooms upstairs. The basement room/back wall of the living room was the problem.
In our final viewing of the house before we complete I managed to get to the common area of the basement with someone who knows a bit about dry rot in tow and we discovered that the staircase that leads to the basement had evidence of dry rot damage.

The Freeholder on the building is responsible for all communal areas and the other 2 flats in the building which they rent out. That includes this part of the basement and the staircase in question.

I am wondering, as I will be paying a monthly service charge on the lease, if it is feasible for me to request that the freeholder has a rot specialist around and make sure they have all their areas properly inspected and treated and if not can we withhold our service charge? We couldn't see any live rot, but leaving previously infected wood (which they had bolted supports to so they know its damaged) isn't exactly the best idea as there could be dormant rot in there.

OR can they just let the building fall to bits and we just have to deal with it?

Any thoughts (other than RUN, GET OUT WHILE YOU CAN - dry rot isn't the end of the world its common in period properties like this) massively appreciated

da_rule

You can not necessarily insist they do anything, you’ll need to check your lease for exactly what they have covenanted to do with regards to repair.

If they do have to do work then you’ll end up paying for it as service charge.

eddddy

minelli wrote: »

I am wondering, as I will be paying a monthly service charge on the lease, if it is feasible for me to request that the freeholder has a rot specialist around and make sure they have all their areas properly inspected and treated and if not can we withhold our service charge?

Withholding your service charge in those circumstances would be a bad idea.

You're likely to get admin charges, and solicitors' bills added to your service charge, if you do that.

And if you still don't pay, eventually your lease could be forfeited (i.e. you lose the property).


The lease will say what the freeholder is responsible for maintaining and repairing. If the freeholder breaches the lease by not doing appropriate maintenance and repairs, there are legal steps you can take.

See: https://www.lease-advice.org/faq/what-can-i-do-if-my-landlord-breaches-their-obligations-in-the-lease/