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Property/DIY

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Freeholder responsibility's?

4 replies

coginamachine · 03/09/2019 20:24

Quick question regarding damp in a lower ground floor / basement flat does this come under a common part / structural repair and as such is a communal responsibility?

OP posts:
LBOCS2 · 03/09/2019 21:39

Depends what's causing it and what the lease says...

coginamachine · 03/09/2019 21:58

My surveyor says the cause is related to it being a basement and that damp is a normal part of it and the previous damp proofing having been done a number of years ago is now needing redone. I will ask my solicitor tomorrow about what is stated within the lease.

OP posts:
Dinosauraddict · 03/09/2019 22:28

Does depend on the lease, but this would usually be the responsibility of the ground floor flat, unless the entire building was going to be damp treated...

LBOCS2 · 04/09/2019 16:09

Usually the structure of the building is the freeholder's responsibility, the cost of which is ultimately split between the leaseholders as part of their obligations under the lease terms. However with damp it's important to identify whether the damp is a result of the property being in the basement (in which case, if the tanking or damp proofing has gone then it is structural), or whether it is lifestyle related - in which case it's up to the individual leaseholder to solve.

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