What can I do about damp if the managing agent is ignoring the Section 20 process?
Hi, I am hoping to get some advice following the purchase of a flat.
I bought my flat last year, and the day after the exchange, I went in and noticed a load of damp which wasn’t there during visits. I ended up completing the purchase as I couldn’t afford to lose my deposit.
I contacted the managing agents to ask about the damp and to ask for the necessary works to be done to fix the damp. I sent some roofing contractors out who came back with their costs and stated what the issues were (roof and chimney stack related). They made the whole process really difficult, and it is still ongoing.
They finally appointed a building surveyor in December 2024, and in February 2025, the building surveyor came back with a full report of the building and a schedule of works which included a load of work to the building, not relevant to the damp issues, but more of a nice-to-have.
A bit of background – my purchasing file shows a Section 20 notice sent by the managing agents in 2020 for external works, and it mentions a roof survey/report.
I have been told by the managing agents that the Section 20 notice sent in 2020 became redundant, and no roof survey/report was carried out. I note on the YE 2024 statement of income and expenditure, a line for “on-account provision for major works” and “roof works”. I asked the managing agents to share a copy of the Section 20 notice relating to this, as they said the one issued in 2020 was redundant. I had not received any other Section 20 notices on acquisition.
They have since ignored me and are making things really difficult.
Does anyone have any experience with dodgy managing agents who are being difficult with Section 20 processes, and how they dealt with this? I have been following the process down to a T as I work in the property industry and have had to correct the managing agents on numerous occasions and advise them when they have been going against the S20 process.
The property is a ground-floor maisonette and the first-floor flat is owned by the freeholder, who is very much unresponsive in all of this.
Any help on how to proceed and get the issue relating to the damp resolved will be hugely appreciated.
Thanks,
Kat
Editor’s Note: If the managing agents haven’t properly followed the Section 20 process, you might have grounds to challenge their handling of the works and costs. Keep a record of all communications and consider seeking legal advice to understand your options.
The Leasehold Advisory service has helpful guidance by clicking here
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Member Since October 2022 - Comments: 408
10:33 AM, 28th May 2025, About 11 months ago
First thought is that details about the condition of the flat and the section 20 notice of right to be consulted were withheld from you by the assignor /seller of the lease and you have a right to pursue them,
What does the lease say about what service charge costs cover?
Often structural issues are the responsibility of the freeholder.
Did your conveyancer get and give you three years service charge accounts before you paid the premium for the lease?
Managing Agents are agents for the freeholder and act on their behalf and must perform the obligations in your lease a legally binding contract.
You’ve just noticed the damp but you bought flat last year so it’s possible this is a different issue. In any case first step serve formal notice on the freeholder via MA. A template reporting damp may be available from Leaseholder Advisory Service
Member Since May 2025 - Comments: 1
12:16 PM, 28th May 2025, About 11 months ago
Reply to the comment left by Kizzie at 28/05/2025 – 10:33
Thanks Kizzie.
There are quite a few complications to this case.
The flat was decorated when I went to view it before making an offer so any signs of damp at the time were covered by freshly painted walls. I instructed a building survey for purchasing a home which noted some light staining/damp to the walls but when I asked the agent he confirmed they were historic and as a result of a leak from the flat above.
I spoke to my solicitor once I completed and realised that was not the case but it is really hard to fight misrepresentation and legal fees are really expensive.
I am keen for the works to be done by the managing agents, but we are almost a year on from me purchasing the flat and they are still being cowboys about the whole process and what works are to be included in the scope.
I did received the last 3 years of accounts but I was told at the time of purchase, the leaseholder and freeholder had agreed that they weren’t to be certified as that would be an additional cost on the service charge budget. At the time of purchase I was only shared one S20 notice which dated 2020, but in an email a week ago the managing agents said that S20 notice was redundant for the works that were done in 2023/2024.
Hope that provides some more clarity to the situation.
Member Since October 2022 - Comments: 408
3:19 PM, 28th May 2025, About 11 months ago
Hi Kat
It looks as if no-one knows what they’re doing.
The MA has to enforce the provisions in your lease because that’s what you purchased ie the right of occupation providing both Parties , you and the Landlord (named in the Lease), abide by terms in the lease.
What does your lease say about what your lease covers eg are you liable for maintenance of your roof , and also your legal entitlement to service charge accounts ie are they to be audited and certified?
Contact LEASE for free advice
Member Since May 2025 - Comments: 2
3:49 PM, 29th May 2025, About 11 months ago
Consider a private prosecution under sections 78 and 82 of the Environmental Protection Act 1990. Mould is hazardous to health, the freeholder’s in breach.
More here: https://www.bailii.org/ew/cases/EWHC/Admin/2024/2592.html
Member Since October 2022 - Comments: 408
4:15 PM, 29th May 2025, About 11 months ago
Section 11(1)(a) landlord & tenant act 1985 amended by Homes (Fitness for Human Habitation) Act 2018requires landlord to ensure properties are free from significant damp BUT where interior condensation caused by tenants this shifts responsibility (drying clothing inside, not open windows etc)