Leak from roof in leasehold - damage to my internal walls - Ongoing issue since September

CookwiththeE

I live in a leasehold flat, one below a loft conversion. I am experiencing leaking, pooling and water marks on the walls around where the leak is coming through the roof and into the property. I dont have building insurance but the building itself has insurance arranged through the management company.

I last posted about this in September (https://forums.moneysavingexpert.com/discussions/mine)  when the issue began with torrential rain we had. Roofers came out and assessed and showed me that where the loft converted flat above me meets the slopped roof (cubby hole, loft/roof area) water has been coming through slates and pooling and thus leaking into my property below. I raised this immediately with the managing company as an urgent concern as it it leaked so bad fire team had to come out and assessed electrics off. Picture in previous post. I sent them via email the details of the leak and video of it on 27th September 2024.

They only then commenced Section 20 process on 24th October 2024, a month later. This process is only just reached stage 2 of quotations sent out this week. As you can guess, every time it rains water seeps into the walls and the floorboards above me/my ceiling. 

Not only have the management company been delaying in the repairs allowing more damage, but as I understand they could have dispensed with the Section 20 process in the first place as the damage was so significant, something I spoke to the leaehold advisory service about, whom said they could but wouldnt want to as its harder to recouperate costs.

I have stated I will be seeking to claim on the building insurance for damage in my flat and ceiling but they are claiming I wont be able to do that and should not attempt to do that as it will be costly. 

My question is, once the roof repairs are done, who is responsible for damage to my property? Its my view the management company/freehodler are responsible for continuing to allow water to seep in every time it rains instead of dispensing with the section 20 process.

I should add that they were aware of the roof needing repair since prior to when it started and claimed it was in exploratory stages but it had just been left to get worse. 

So in my view the management company thus the freeholder are responsible as they did not initiate repair work to the roof either prior to or after the leaks began. 

Could I get any advice on this please, I am happy to provide more information but please refrain from condescending replies where possible as that has been my experience before, im trying to navigate this stressful situation. 

born_again

Op also has this issue

https://forums.moneysavingexpert.com/discussion/6584665/potential-damage-to-ceiling-from-above-flat-banging#latest

eddddy

CookwiththeE said:

I have stated I will be seeking to claim on the building insurance for damage in my flat and ceiling but they are claiming I wont be able to do that and should not attempt to do that as it will be costly. 

The damage was caused by rain water leaking through a roof.  Usually, that's a result of gradual wear and tear on the roof and/or the roof getting old. That won't be covered by buildings insurance.

 
The only way that damage from a leaking roof would  be covered by insurance is if the damage was caused by a specific storm event.

You would need to specify the date and time of that storm, and the insurers would probably check met office records to see if there was a storm at that date/time which was sufficiently severe to cause damage to a building.

CookwiththeE said:

My question is, once the roof repairs are done, who is responsible for damage to my property? Its my view the management company/freehodler are responsible for continuing to allow water to seep in every time it rains instead of dispensing with the section 20 process.

Based on what you say, your argument would be that the management company/freeholder were negligent. i.e. They didn't do what a reasonable person would do, and as a result further damage occurred to your flat.

You can try to persuade them to cover the cost of repairing the damage, but if they refuse to pay, the only other option is to make a court claim against them for negligence.