Question 1

Establishing legal responsibility for dampness in a flat

Accepted Answer

We have a problem with damp in one of the ground floor flats. This is in the kitchen which is enclosed without windows at the end of the building right against the gable end wall. The kitchen along one wall is below ground level to a height of between 5 and 6 feet, and a builder has advised that the only effective cure would be to take out the kitchen units, strip out the plaster, tank the wall and replace plaster and then units. We thought this would be a Management Company responsibility but are now not so sure. We know that we cannot claim on insurance. Are you able to advise us please, who should bear the cost, management company or leaseholder? FPRA replies: From the information you have given it is difficult to advise on responsibility and/or party which should pay for the works. For advice such as this to be given, a specialist solicitor would need to see what the builder/surveyor advises is the “cause” of the damp. In other words, the landlord needs to assess whether the damp has been caused as a result of the lack / failure of damp proofing within the building or whether the damp has instead been caused as a result of something the leaseholder has done to cause the damp proofing to fail etc. Once the cause can be established, it will be easier (although not guaranteed) to ascertain which party is responsible for the cost of the works etc.

Question 2

Establishing legal responsibility for dampness in a flat

Accepted Answer

We have a problem with damp in one of the ground floor flats. This is in the kitchen which is enclosed without windows at the end of the building right against the gable end wall. The kitchen along one wall is below ground level to a height of between 5 and 6 feet, and a builder has advised that the only effective cure would be to take out the kitchen units, strip out the plaster, tank the wall and replace plaster and then units. We thought this would be a Management Company responsibility but are now not so sure. We know that we cannot claim on insurance. Are you able to advise us please, who should bear the cost, management company or leaseholder? FPRA replies: From the information you have given it is difficult to advise on responsibility and/or party which should pay for the works. For advice such as this to be given, a specialist solicitor would need to see what the builder/surveyor advises is the “cause” of the damp. In other words, the landlord needs to assess whether the damp has been caused as a result of the lack / failure of damp proofing within the building or whether the damp has instead been caused as a result of something the leaseholder has done to cause the damp proofing to fail etc. Once the cause can be established, it will be easier (although not guaranteed) to ascertain which party is responsible for the cost of the works etc.

Establishing legal responsibility for dampness in a flat

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