Approved Inspector not responding

Kai_63

I live in a Victorian conversion. The downstairs neighbour (who also owns one room at my level of the house) is doing extensive building work.

A couple of months ago they removed most of the external guttering and pipework. I asked that it be replaced ASAP but they've been fobbing me off. I now have water coming through cracks in my wall and damp in another wall.

Building control said I had to raise it with the Approved Inspector. They haven't responded despite chasing.

Does anyone know what options I have? Is there an ombudsman for this?

eddddy

Kai_63 said:

I live in a Victorian conversion. The downstairs neighbour (who also owns one room at my level of the house) is doing extensive building work.

Are you talking about a house converted into flats?

If so, are you the leaseholder of one of the flats? Or are you a tenant with an AST?


If you're a leaseholder, you need to start by checking your lease to see who is responsible for the guttering and pipework. Often it will be the freeholder. In the first instance, that would be the person/company that you complain to.

If you are a tenant with an AST, you should complain to your landlord in the first instance. It's then up to your landlord to take it up with whoever is responsible for the guttering and pipework.

Kai_63

eddddy said:

Kai_63 said:

I live in a Victorian conversion. The downstairs neighbour (who also owns one room at my level of the house) is doing extensive building work.

Are you talking about a house converted into flats?

If so, are you the leaseholder of one of the flats? Or are you a tenant with an AST?


If you're a leaseholder, you need to start by checking your lease to see who is responsible for the guttering and pipework. Often it will be the freeholder. In the first instance, that would be the person/company that you complain to.

If you are a tenant with an AST, you should complain to your landlord in the first instance. It's then up to your landlord to take it up with whoever is responsible for the guttering and pipework.

Thank you. Yes they are converted into flats. I'm a leaseholder and both leaseholders are jointly responsible for the upkeep of the exterior. 

It does say if there are disputes then I can raise it with the FH, but they have been utterly useless and uninterested in other matters so not holding out much hope.

eddddy

Kai_63 said:

Yes they are converted into flats. I'm a leaseholder and both leaseholders are jointly responsible for the upkeep of the exterior. 

Can you clarify... a lease will normally say...

• Who is responsible for doing the actual maintenance (of each part of the building)
• And who is responsible for paying for that maintenance

Does your lease say that you are jointly responsible for doing the actual maintenance?

Or doers it say that "leaseholder A" (or the freeholder) is responsible for doing the actual maintenance, and you are jointly responsible for paying for it?

And what exactly does the lease say about getting the freeholder involved, if there is a dispute?



Either way, perhaps 2 options are:

• 1) Serve notice (i.e. put in writing) to whoever is responsible for the gutters, and/or whoever has removed the gutters, that they must fix the problem - otherwise you will instruct a tradesman to fix the problem, and claim the money back from them (suing them in court, if necessary)

• 2) Get a court order that instructs whoever is responsible for the gutters that they must fix them

But the precise approach will depend on precisely what your lease says, and precise details of who did what, etc. 

Kai_63

eddddy said:

Kai_63 said:

Yes they are converted into flats. I'm a leaseholder and both leaseholders are jointly responsible for the upkeep of the exterior. 

Can you clarify... a lease will normally say...

• Who is responsible for doing the actual maintenance (of each part of the building)
• And who is responsible for paying for that maintenance

Does your lease say that you are jointly responsible for doing the actual maintenance?

Or doers it say that "leaseholder A" (or the freeholder) is responsible for doing the actual maintenance, and you are jointly responsible for paying for it?

And what exactly does the lease say about getting the freeholder involved, if there is a dispute?



Either way, perhaps 2 options are:

• 1) Serve notice (i.e. put in writing) to whoever is responsible for the gutters, and/or whoever has removed the gutters, that they must fix the problem - otherwise you will instruct a tradesman to fix the problem, and claim the money back from them (suing them in court, if necessary)

• 2) Get a court order that instructs whoever is responsible for the gutters that they must fix them

But the precise approach will depend on precisely what your lease says, and precise details of who did what, etc. 

Sorry so we are both responsible for the costs and the work e.g. finding tradesmen etc. I'll start by issuing notice and take it from there.