We've noticed dampness coming from outside, we are in a flat, who is liable, us, or the leasholder?

492800

We live in a 7 year old flat. we are top floor (floor 5) we have noticed that a baseboard that is near an outside balcony, has swelled slightly and a crack appeared where it's peeled away from the wall. Also a slight smell of dampness.
This is after the recent rain Nothing too major, but it needs seeing too.

We have just bought the place, leasehold, and we do have a management agent who is the freeholder.
We also have home contents and damage insurance, but don't really want to use that unless necessary.

In this situation, who should look into fixing it? Us, the leasholder, insurance?

Any suggestions on what our route of repair should be?
Thanks

NameUnavailable

As a leaseholder (you are the leaseholder) you can't usually touch anything to do with the fabric of the building as you don't own it (you are allowed to redecorate of course). The lease will set out what is and isn't your responsibility but it will almost certainly say that the maintenance of the building is the freeholders responsibility.

You should contact the freeholder/management company and report it. They will have to arrange necessary repairs but the cost will be charged back to you (and the other leaseholders) via the service charges.

daveyjp

It will come down to the details of the lease and plans as to which party is responsible for the balcony repairs.

You then also need to confirm where responsibility for consequential damage as a result of water ingress lies.

user1977

Insurance is for specific events - storm damage, flooding etc - not paying for normal maintenance, which is (probably) what this is.

TripleH

Is there a downpipe the other side of that wall? Might the gutter be overflowing as blocked?

It might be an easy fix and it might be the freeholder themselves are at fault anyway for failing to maintain the property correctly.

eddddy

In simple terms, there are 2 issues to address...

1. Whatever's causing the damp (e.g. leaking downpipe, leaking gutter)
2. Resulting damage to your skirting board, plaster and paint

The cause of the damp needs to be found and addressed first - if it's a downpipe or gutter it's probably the freeholder's responsibility. They should fix it using money from the Service Charge.

(It's also possible that the damp is caused by condensation - which means you just need to ventilate the room more.)

The damage to your skirting board, plaster and paint is almost certainly your responsibility - so you'll have to pay for that.

• If the freeholder had been negligent in some way - you might have been able to claim from them, but this kind of issue isn't normally caused by negligence. It's usually standard wear and tear maintenance.

• If the leak was escaping from pipework inside the building, or a bathroom, or a washing machine (rather than from guttering, downpipe etc), the damage to your skirting board, plaster etc might be covered by the "escape of water" clause in the freeholders building insurance. But the excess is probably £1000+, so it wouldn't make sense to claim. 

Bendy_House

Blimey - 7-year old flat?! If it is an actual 'fault' with the construction, then I hope they'd be able to claim off the builder.

But, the responsibility is as said above; it's the fabric of the building, and therefore covered by the LL and buildings insurance you all contribute to via your maintenance fund (tho' unlikely the LL will be able to claim from their building's insurance in this case).

If the cost can't be covered by the existing maintenance sinking fund, then it'll have to be shared as an additional cost between all the flats. If it's a sizeable cost, I understand the LL is obliged to get three quotes (good luck with that...). If you find the quotes to be excessive - ie you suspect the LL is using their own contacts and they are inflating it..., then you can always get your own quote and challenge theirs.

As said above, the inside damage is unfortunately for you to sort, either via your own content's insurance, or your own pocket. The LL might offer to sort this too, if they are considerate folk. I doubt it'll be worth a claim for you - once it dries out, very good chance it can be made good with fresh paint, possibly with a smear of decorator's caulk.

I suspect that this will be a simple job to sort - perhaps a bit of dodgy flashing around the balcony or similar. But DO check what's been suggested above - any drains or channels on that balcony that's filled with debris? Is there a downpipe? Give that area a good look - and further afield - water can travel tortuous routes.

You could also post photos of the outside of the wall on here and folk can perhaps advise where to look. (If it is due to a blocked gulley on the balcony, for example, then I suspect you will - at the very least - be given a severe tut-tutting.)