Steven Way

Registered with Property118.com
Tuesday 18th June 2013


Latest Comments

Total Number of Property118 Comments: 11

Steven Way

12:56 PM, 5th May 2017
About 2 years ago

What can I do about Flue? Help please

This sounds like a straightforward trespass to me and should be treated as such. It's is unlikely to be a party wall act issue and ththe section quoted above is only applicable if you intend to undertake work yourself. You will need to write or use a solicitor and deal with it is a trespass. Do not block it, if you do and it causes injury you could be liable.

Steve(Chartered surveyor and party wall surveyor)... Read More

Steven Way

11:58 AM, 3rd March 2017
About 3 years ago

Boundary dispute time limitation?

Boundary disputes are to be avoided, usually expensive and seldom satisfactory. The adverse possession argument as suggested by Carol is difficult- prior to the Land Registration Act 2002 it was a case of the required time passing [12 years I think] without ownership being contested and making beneficial use of the land, however since that Act once can I believe only claim adverse possession by application to the Land Registry and serving relevant notices. I presume this hasn't been done so claiming adverse possession may not work. They or you would have to prove the boundary was in the right [or wrong place]. The title deeds are unlikely to be any good for this unless they actually state dimensions and 99.99% don't. You may have to research back to the original conveyances to get stated dimensions. Is the boundary obviously not on the nominal line that divides the houses? You should consider professional advice either from a solicitor or from a surveyor who specialises in boundary matters.... Read More

Steven Way

14:53 PM, 7th December 2016
About 3 years ago

Landlord wants me to pay for roof and give it back to me when he can?

One or two issues here - when you say contracts do you means leases? These will set out what the freeholder is responsible for and how the costs are recovered from the service charge - are they paid in advance or in arrears? Assuming you have leases the freeholder [landlord] must go through a statutory consultation process before spending service charges, if this has not been done the work may not go ahead or service charges may not be recoverable. If he's an estate agent of repute he should know this. If the roofs are leaking badly they were likely to have been leaking when you bought the flats - caveat emptor, and yes it may well be the case that the freeholder has more benefit than a lessee but that is a creation of the slightly odd British leasehold system. In the absence of a stated service charge split one would often assess the demised floor area and if that is 60% that is likely to be upheld were you to challenge it at the FTPT. If he serves the right statutory consultation notice and the right service charge demand you may well have to pay your share of the service charge, that fact that he doesn't have the money for his share is not your concern - he will still have the obligation under the lease to repair the roof.... Read More

Steven Way

9:54 AM, 7th December 2016
About 3 years ago

Replacement Double Glazing - who should pay and when?

It will very much depend on what the lease says. Windows are often an area where things are not clear, sometimes the freeholder only has to repair the outside and decorate sometimes all of the windows, sometimes just the glass... A bigger concern is why there is no money in a sinking fund and why there may not have been any service charges for works collected for the FHs other probable obligations to repair maintain and decorate. You could force the issue through a tribunal but this will involve costs and, of course fit the windows are the FH responsibilty the cost will come back as a service charge anyway. Very often the most pragmatic way is to replace the windows yourself, BUT, if you are replacing timber with UPVC you should check with the FH whether you need to match a certain style or need FH consent to alter.... Read More

Steven Way

7:51 AM, 1st September 2016
About 3 years ago

Are Damp Surveys a waste of money?

And that is the problem with HomeBuyers Reports and level 2 surveys, they don't actually tell you very much and send you off to get more reports. I'm as surveyor carrying out building surveys etc. Pretty much all of the things the damp surveyor will do should be done by a surveyor on a survey even a HomeBuyer. Report certainly the first four, I also use a thermal imaging camera on a full survey.

But to your point, the surveyor didn't find any damp except in the WC, he has made a diagnosis [quite how when he previously states he can't see a damp proof course] but offered no further remedy other than to cover his rear end. WCs are notorious for condensation and for surface dampness when floors are washed down etc.

Ultimately it's up to you. I take the view that some damp in an old house is inevitable and to be expected. It doesn't always need fixing, especially in ancillary spaces such as WCs. I always consider three questions - does it affect the structure and performance of the house, is it visible and look bad, does it represent a risk to health. If the answer to all of those questions is no then I'm not sure ever of the necessity for remedial work.... Read More