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0:06 AM, 31st October 2023, About 6 months ago 6
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Hello, I’m looking for some help or information please…
I own a leasehold flat. The flat sits in a new-build block which is made up of 16 flats over 3 floors. I’ve had this flat for 6 years, it’s an investment property which is rented out.
Over the years I have been aware that some residents within the block had complained of staining to their ceilings suggesting a leak on the roof. This did not affect my flat or any flats on my side of the building.
As a result of the continuous complaints, the developer (under warranty) has made provisions to erect a scaffold and renew the whole roof.
The first thing I knew about this was when my tenant called to say the workmen had commandeered the parking space allocated to my flat to store their building materials – they made no alternative arrangements available for my tenants who work shifts however, in the grand scheme of things this issue now appears very insignificant.
The work to replace the flat roof was scheduled for July, no temporary roof was considered (as it was deemed summer), the project was delayed and did not start until the back end of September. Despite the works being scheduled for 12 weeks the developer stated the need for a temporary roof was broached but deemed not necessary as the work would be halfway completed by the time they got approval for additional funding for a temporary roof, they also stated it would have delayed the project further (as the temporary roof could take a few weeks to erect).
And so the work commenced…
This week I received a call from my tenant to advise there was water penetrating the flat.
I attended and to my dismay the communal areas from the first floor up to the 3rd floor were leaking water, ceiling tiles had crumbled and water was coming through the light fittings and all down the walls into the hallways. The carpets were sodden. My flat was in the same condition and a fair amount of my tenant’s possessions are damaged.
By the end of the week the bedroom ceiling in my flat was so wet it collapsed onto the bed, the walls within my flat and most of the other flats are sodden wet, its a complete disaster.
The building manager sent a letter telling all the residents to move out due to safety concerns and that the developer will be paying for all residents to stay at Airbnb’s or alternative accommodation for the next two weeks while they take stock of the situation.
Upon speaking to someone within the development company, they state that whilst removing the roof rain water has come down and channelled away from where the workmen are carrying out the work and penetrated the building, they are unsure how water is getting in. There is obviously no temporary roof and we are in the middle of weather warnings, as such water is continuing to penetrate the block, the only solution they have offered is that they have a surveyor attending to try to locate the how water is entering the building.
Whilst I appreciate the developer is swallowing the cost of rehoming everyone in the block for the next two weeks, my flat is now uninhabitable, currently has no ceilings, has extensive water damage (water is still flowing in) and the likely outcome is my flat is going to be like this for some time meaning I will lose my rental income whilst they;
a) try to find the problem and
b) then repair all the properties within the block.
My tenant is clearly within his rights to refuse to pay any rent (I do not dispute this).
I have broached the subject of this with the developer who have said they have no provisions for compensating any landlords for lost rent. Their only concern is the residents have alternative accommodation and therefore won’t be out of pocket.
Does anyone know if this is the right attitude? Fair? Or where I stand with this?
I’m still confused as to how no provisions were put in place for a temporary roof, bearing in mind work was scheduled for 12 weeks, started in September AND involved removing the existing roof in order to replace it, it feels like very poor planning and I can’t see how I will not be compensated for something that was out of my control but something I also feel could have been avoided.
Thank you,
Leanne
Judith Wordsworth
9:33 AM, 31st October 2023, About 6 months ago
Your buildings insurance policy should have a loss of rent clause. You would have been given a copy when purchasing and each year on renewal. If this flat was a buy to let, and known to your conveyancer when you purchased, was the policy read and checked that this clause was in place?
Kizzie
10:21 AM, 31st October 2023, About 6 months ago
where the freeholder fails to maintain and repair the property get legal advice from a solicitor with view to pursuing a claim against the freeholder who may be the developer
Stephen Thompson
14:19 PM, 31st October 2023, About 6 months ago
The RMC/RTM or you would need to claim on the building insurance for the non demised areas and you would need to claim on your own insurance for the other items including loss of rent. You may also have a case for claiming on the builders insurance and you would need to discuss this with them/your insurers.
Graham Bowcock
20:33 PM, 31st October 2023, About 6 months ago
Reply to the comment left by Judith Wordsworth at 31/10/2023 - 09:33
Loss of Rent cover on a block policy seems unlikely. Surely that's something for the individual leaseholders to sort out.
Stephen Thompson
21:16 PM, 31st October 2023, About 6 months ago
Reply to the comment left by Graham Bowcock at 31/10/2023 - 20:33
Yes, that’s why I mentioned it in regards to the leaseholders own insurance. I have never seen a block policy that would cover leaseholders loss of rent.
Michael Booth
7:05 AM, 2nd November 2023, About 6 months ago
If you have the correct insurance ie landlord policy this should cover you , l had a similar problem .