Rising Damp: Freeholder or Leaseholder?

Sumeya81

I own the leasehold of a ground floor flat in a Victorian period conversion property comprising of 3 flats in total. I have a rising damp issue and unsure if the cost will sit with me or the freeholder. Can anyone help please? I have enclosed a snippet of my lease which is so difficult to understand. Furthermore we have no sinking fund and only pay a tiny service charge each year so any freeholder repairs would need to be shared three ways. 

Thanking you in advance! 

anselld

Freeholder, if that is really the cause but be aware that many "damp companies" diagnose rising damp and recommend dubious internal treatments when the root cause may be some more simple external defect with guttering, ground levels, etc.  

AdrianC

It almost certainly is not "rising damp".

What it IS will define whose problem it is.

daveyjp

More likely to be penetrating damp which means stopping water getting in (check outside ground levels, around windows for gaps, pointing etc) and ventilating the room affected. 

 In Victorian properties blocking fireplaces and capping chimneys is commonplace and causes damp issues as any damp in the room is trapped.

An Edwardian back to back house local to me has just had extensive 'rising damp' work to their living room - replaster and lots of holes in external brickwork filled with snake oil.  Chimney has been capped and used as a flue for a gas fire and they dry racks of clothes in the front room.  That damp will be back.

Sumeya81

Thanks for your help guys! I had two damp companies come in to do a survey and diagnose the issue. Both diagnosed it as a rising damp issue. Snippet of one of these attached.

AdrianC

You mean you had two salesmen come in and give you quotes for what they said was wrong...

Incoming magic goop injection!

Sumeya81

AdrianC said:

You mean you had two salesmen come in and give you quotes for what they said was wrong...

Incoming magic goop injection!

Quite possibly. This is what I mean.... Firstly I’m not sure how to go about getting an absolutely honest and true diagnosis of the problem.
Secondly, who’s responsibility it would be to repair. 

I must mention that I have also paid to get an independent surveyor in and he diagnosed there was damp present at the property in said place but wasn’t a damp specialist so couldn’t give a full damp diagnosis - hence inviting the two damp surveyors in - aka potential salesmen!

davilown

Have you got a picture of the damp and of the corresponding outside wall/roof?
have you been outside when it’s raining and checked the gutters?
How close is the ground level next to the wall?
any radiator pops in the area?

eddddy

Sumeya81 said:
Firstly I’m not sure how to go about getting an absolutely honest and true diagnosis of the problem.

Secondly, who’s responsibility it would be to repair. 

Paraphrasing the lease...

The lessors (i.e. the freeholders) will maintain and repair the main structure of the building including the exterior walls.

Therefore, if the problem relates to the exterior walls, you report it to the freeholder (or their management company), and it would be up to them to diagnose and repair the problem. They might choose to instruct a (proper) RICS surveyor to take a look.

You are not allowed to do any work/repairs on the exterior walls - because they don't belong to you (unless the freeholder gives you consent)

The cost of the surveyor and any eventual repairs will be be eventually billed to the leaseholders through the service charge - I guess it will be 1/3rd each.

If the cost per leaseholder is likely to be more than £250, the freeholder (or management company) will probably have to do a section 20 consultation first - which might take 6 months - before any repairs can start.


(But it might just be a very simple problem to fix. If you're interested, you can google rising damp myth for some diverse opinions.)

FreeBear

First step is to identify where the DPC is located in relation to exterior ground levels. In a Victorian property, it will either be slate or a course of engineering bricks. Once you have identified the DPC, remedial work should be undertaken to ensure the ground level is ~150mm below it. But if this is a basement flat, then there will be other sources of penetrating damp...

Injecting chemicals in to the walls and slapping on waterproof render/plaster will mask the damp problems for a few years, but the "treatments" will not cure it.

Sumeya81

You’ve all been so helpful, thanks. Having not long moved in and wanting to apply for planning to get a small extension in the near future (since I have neighbours above), I’m conscious to keep in my freeholder and my neighbours good books. 

Unfortunately I’m not at the property so can’t take pictures but will do so once I return. It’s a ground floor flat with no basement but the area I live in has had minor flooding before (although not my particular street). I’m not sure if this affects the geology of the soil.
in terms of where the damp is coming from, I’ve no clue from my two surveys as they don’t exactly say. Im guessing they should but the attached snippet is all I could find in my damp survey regarding the exterior of the property: