What is Reasonable Negotiating Price for Rising and Penetrative Damp?

Mercurial

I've just made an offer on a freehold flat which has been accepted.   The estate agent mentioned a previous sale fell through due to the  mortgage application being refused.  And as the seller wants to be transparent mentioned there was rising damp in the flat.  Not unusual as it's a Victorian basement flat with slate DPC.  Quote was for £1,500.  So it didn't seem that much of an issue.

I got a local reputable company out for a second opinion who quoted £5,000 and along with the rising damp, penetrative damp was recorded.  The areas of damp are not small sections as shown on the earlier report and the living room, hallway and bedroom needs treating.

I'm happy to split 50/50 for the rising damp but the penetrative damp is the responsibility of all freeholders.  I need the work carrying out or at least scheduled before completion.   Do you think that's up to the seller to contribute their share or it's reasonable for me to as well?

TIA

eddddy

Just to double check, are you sure it's a freehold flat - they're very unusual, and you only tend to find them in certain areas of the country? And they can be difficult to get a mortgage on.

Could it be what estate agents often call "Share of Freehold"?

That would mean that you're buying 2 things:

• A leasehold flat
• Joint ownership of the freehold building

In that case, the lease would specify what parts of the building you are responsible for.

Mercurial

Sorry, it's share of freehold. 

The penetrative damp is the responsibility of the freeholders to pay for the work.

lookstraightahead

Was this reputable company selling solutions to the problem? Have you researched damp?

onky asking because I bought an 1800s house recently and wow what I've learned about damp. Rising damp is rarely a thing, for starters.

There's a member on here called freebear who is brilliant.

I don't think you can negotiate personally. I didn't as I expected it.

Mercurial

Thanks. Would a builder be the best option?

I looked online and one article says rising damp found in less than 5% of homes.

FreeBear

Mercurial said: I looked online and one article says rising damp found in less than 5% of homes.

If that is the same page I'd seen, it is 5% of the houses investigated with suspected damp problems. So the true number of real cases is going to be much, much lower.

There are reputable companies, and there are damp treatment companies. The two do not go hand in hand.

As for the OPs potential purchase - A slate DPC does not just "fail". Even if it did, it would be isolated spots, typically where one slate ends, and another starts. As this is a basement flat, most of it is going to be below ground, so having a DPC at floor level is going to be pretty pointless. Quite likely there is tanking on the walls & floors to limit the ingress of damp. This has probably failed, so needs stripping off and redoing. Ideally, the walls should have extra insulation added to counter the heat being sucked out by the damp, cold walls.. If the work is being overseen by the freeholder, so you will get no say in any thermal upgrades or the quality of work.

I would suggest giving this one a miss and finding a place above ground.

eddddy

Mercurial said:

I'm happy to split 50/50 for the rising damp but the penetrative damp is the responsibility of all freeholders. 

Mercurial said:

The penetrative damp is the responsibility of the freeholders to pay for the work.

How have you come to the conclusion about what the leaseholders pay for and what the freeholders pay for?

In most cases, leases say that the freeholder is responsible for maintaining/repairing external walls - but the leaseholder is responsible for maintaining/repairing plaster, paintwork etc.


You might also have a bit of a challenge in persuading the joint freeholders to arrange the work and pay for it.

Even if the leases say they should pay, the freeholders might not be keen, as it's only the basement flat that will benefit. (If they are difficult about it, you might have to end up taking legal action, etc.)

Martisha

I would walk away personally

Mercurial

FreeBear thank you that's really helpful.  I'm looking at getting an independent damp surveyor to come and have a look to see if it is worth proceeding with the sale.

Mercurial

Eddddy I was advised by the EA freeholders pay for the penetrative damp as it is assumed it's coming from the roof, chimney, etc.

Rising damp the owner of basement flat would pay.

If the other freehold refuses to pay I would pull out of the sale.

koalakoala

Don't buy it !