AIBU to expect freeholder to foot the bill?

[Hotpinkparade]

This is an odyssey of an issue that has been playing out for several years, so I will try and keep it brief!

I own a basement flat (leasehold). We have damp issues - visible damp coming through the walls in three rooms. We first reported this in 2020, the managing agent agreed that repairs were needed, and the freeholder (a group of flat owners who bought the freehold a decade or two ago, and run the freehold company) have dragged their feet until now. They have sent over a scope of works, and are planning to remove the plaster in the living room and spare bedroom, inject a damp proof course, etc etc etc.

They are suggesting we can continue to live in the flat for this time. Our bedroom, kitchen and bathroom would be unaffected by the works, so in theory this would be annoying but feasible. However, we have a lot of furniture in these two rooms (a bed, sofa, dining table, arm chairs, etc etc etc - all the stuff you normally have in a bedroom and living room). They have suggested the furniture could be moved in to other rooms during the works. There is no spare room in our bedroom or kitchen that could be filled with furniture and the rooms still be useable. Ideally, the freeholder would either pay for removals and storage while the work is carried out, or pay for us to live somewhere else for this period (estimated 3-4 weeks).

Does anyone know what the freeholders obligations are in this situation? I'm ideally looking for an official guideline or law that says - if the works are the responsibility of the freeholder, then they are also responsible for us in the time that our flat is not inhabitable. I have tried contacting the Leaseholder Advisory Service, but they have a long lead time before responding to queries and it's suggested that work begin in 3-4 weeks time.

Really appreciate any insight!

Unfortunately it doesn’t. You need to understand moisture exchange in old houses in order to know what’s appropriate for your property.

Older homes are built to draw in and expel moisture, what is referred to as ‘letting the house breath’. This means no water proof materials that seal walls and floors. Back when they were built, this wasn’t an issue – they were draughty with open chimney flues, providing plenty of ventilation not sealed up with gypsum plaster, modern plastic paints, linoleum, render and UPVC double glazing. Basements were not intended to be habitable spaces – they were cold with high damp levels to store food and coal, but also had a good exchange of air through coal chutes and chimney flues and constructed from materials that allowed moisture to pass freely. This is why so many modernised period properties experience damp.

As I mentioned in my first comment, the only appropriate way to tackle damp in a converted basement is a cavity membrane drainage system. Otherwise moisture drawn in from the earth is trapped in the walls, which will, over time, destroy the material or will escape through whatever channels it can – further up walls or through the floor.

I’ve restored period properties my whole adult life and have a (dry!) basement.