Inaction from management company in buildings insurance claim

Homeowner1982

Hello. Really hoping someone can help me as I’m at my wits’ end. I posted some months ago about a leak coming through my ceiling from the flat above and got some really helpful advice. I am owner occupier and hold a lease of the freehold. The problem is that the damage has still not been repaired, nearly 7 months after reporting it.

I also have another issue with a damp wall in an en suite shower. It looks to me as though the tiles and plaster of 1.5 walls will need to be replaced. This has been reported to the management company nearly 2 months ago. They have sent a decorator to look at the damage and now there has been no further action.

I have twice asked to see the written communication between managing agent and insurance company but have received nothing. In my frustration I have now arranged for an expert to come and assess the damage properly with the intention of sending the report to the managing agent and ask them to copy me in when they forward it to the insurers. It strikes me that the insurers won’t take any action until they have a full report - the managing agent has previously sent a decorator to look at it! This has cost me nearly £200 and I hope that I will be able to claim this back on the insurance.

I’m looking for advice now on what I can do next: is there a specific authority or ombudsman dealing with this sort of thing? Is there some sort of legal action I can threaten?

Really hoping someone can help me bring an end to this frustration!

anselld

Unclear how a decorator "having a look" can cost you £200.

Also unclear if the en-suite shower damp is from the same cause, ie the leak from upstairs or another source. If it is simply bad tiling, leaking grout or sealant then that is your problem.

If you are sure the problems are all the responsibility of the freeholder and complaints procedures have failed then take a claim for breach of lease obligations to the First Tier Tribunal.

bouicca21

When I had a claim under buildings insurance I agreed with the agent that I’d deal with them directly. Is this a possibility for you?

AdrianC

Homeowner1982 wrote: »

Hello. Really hoping someone can help me as I’m at my wits’ end. I posted some months ago about a leak coming through my ceiling from the flat above and got some really helpful advice. I am owner occupier and hold a lease of the freehold. The problem is that the damage has still not been repaired, nearly 7 months after reporting it.

Do you mean the cause of the leak hasn't been repaired, or the cosmetic damage arising from the leak?

I also have another issue with a damp wall in an en suite shower. It looks to me as though the tiles and plaster of 1.5 walls will need to be replaced. This has been reported to the management company nearly 2 months ago. They have sent a decorator to look at the damage and now there has been no further action.

What's the cause of that damp?

There's no point in addressing the damage arising until the cause is sorted. A decorator cannot cure leaks from plumbing or structural defects - a decorator merely does cosmetic stuff. That cosmetic redecoration inside your flat is not your freeholder's problem or responsibility, although they may be willing to pay. They may be willing to arrange, too, but if that's not working out, you can agree with them to arrange your own and pass the bill on.

I have twice asked to see the written communication between managing agent and insurance company but have received nothing.

No surprise. You have no right to see that.

Slithery

anselld wrote: »

Unclear how a decorator "having a look" can cost you £200.

I think it may have been the OP employing an expert that cost £200?

Homeowner1982 wrote: »

In my frustration I have now arranged for an expert to come and assess the damage properly with the intention of sending the report to the managing agent and ask them to copy me in when they forward it to the insurers. It strikes me that the insurers won’t take any action until they have a full report - the managing agent has previously sent a decorator to look at it! This has cost me nearly £200 and I hope that I will be able to claim this back on the insurance.

G_M

Also unclear if this is the responsibility of the freeholder. Or whether the leaseholder above was negligent/responsible? Or whether it would be covered by buildings insurance?

Homeowner1982

Thanks to all who have replied. To clarify a few things:

The cause of the damp on the ceiling is leaking through from the flat above. I posted here about that about some months ago and the consensus seemed to be that buildings insurance should cover that. Of course the cause needs to be addressed before any cosmetic work is done. Presumably it is down to the managing agent to ensure that the leaseholders are maintaining the fabric of the building where appropriate. I believe the cause was from a lot of grout missing from a tiled floor and a small child in the property using the shower without closing the door! My thought is that 7 months should be ample time to sort this out if the agent was actually being proactive.

The damp wall behind the shower is a separate issue. The decorator has been sent by the agent to assess the damage. I agree that this is pointless so the £200 is to employ someone who knows what they are looking for to survey it.

From what I can tell with the shower, timing, grouting and sealant are all in good order. If it turns out this is not the case, this is fine and I’ll replace. I just want to be able to establish that without continued delays and lack of communications. Working under the assumption That there is a building insurance claim to be made, what can I do to press this forward? I have a suspicion that there hasn’t been any communication between the agent and the insurance company, hence asking to see communications. I thought that under GDPR I have a right to see how and why my data has been used and shared?

Fire_Fox

Homeowner1982 wrote: »

Thanks to all who have replied. To clarify a few things:

The cause of the damp on the ceiling is leaking through from the flat above. I posted here about that about some months ago and the consensus seemed to be that buildings insurance should cover that. Of course the cause needs to be addressed before any cosmetic work is done ...

I believe the cause was from a lot of grout missing from a tiled floor and a small child in the property using the shower without closing the door! My thought is that 7 months should be ample time to sort this out if the agent was actually being proactive.

I do not read your earlier thread that way, nor am I convinced this is a communal buildings insurance matter. It is poor maintenance not accidental damage (flood). Potentially cosmetic not structural unless long term.

You might take the advice of your contents insurer and search the Leasehold Advisory Service website to clarify liability.

You can write to the long leaseholder at the address of the flat itself or via their letting agent or at their address on Land Registry (or all three).

Homeowner1982 wrote: »

Presumably it is down to the managing agent to ensure that the leaseholders are maintaining the fabric of the building where appropriate ....

Freeholders (or their agents) cannot micromanage basic repairs and maintenance in individual apartments. Tiling is not the fabric of the building.

Homeowner1982 wrote: »

I also have another issue with a damp wall in an en suite shower. It looks to me as though the tiles and plaster of 1.5 walls will need to be replaced. This has been reported to the management company nearly 2 months ago. They have sent a decorator to look at the damage and now there has been no further action ...

The damp wall behind the shower is a separate issue. The decorator has been sent by the agent to assess the damage. I agree that this is pointless so the £200 is to employ someone who knows what they are looking for to survey it.

From what I can tell with the shower, timing, grouting and sealant are all in good order. If it turns out this is not the case, this is fine and I’ll replace. I just want to be able to establish that without continued delays and lack of communications. Working under the assumption That there is a building insurance claim to be made, what can I do to press this forward?

Why do you think that this recent (separate) water ingress is a managing agent/ buildings insurance matter? Where the cause or culprit is unclear IMO it is your responsibilty to investigate.

missile

There is more to this story and it is not helpful to start a new thread about the same issues.

It appears the issue is your neighbour's child causing ongoing water discharge leaking into your property?

Your agent has told you what he is doing to gain access to neighbours flat and I doubt any agent would be able to do more. If you are unhappy with your agent make a formal complaint, this may galvanise him to take further action.

You ought to contact your own home contents insurer as you were advised to do in your previous thread.

is there a specific authority or ombudsman dealing with this sort of thing?

see here >

https://www.gov.uk/housing-tribunals

You can make a GDPR request. See here > https://www.itgovernance.co.uk/blog/how-to-write-a-gdpr-compliant-data-subject-access-request-procedure

Homeowner1982

It seems I’ve really annoyed some people with this thread. Sorry if I have upset anyone with my naivety or misunderstanding of what would be covered by buildings insurance. But if I was clear on this I wouldn’t have come here in the first place! Apologies also if I’ve broken some etiquette in the way I’ve posted.

Thank you to those who have pointed me towards further assistance and clarification.