Am I wrong? Or just nieve?

by Readers Question

14:37 PM, 4th March 2015
About 4 years ago

Am I wrong? Or just nieve?

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Am I wrong? Or just nieve?

I own a flat in Torquay (ground floor). Now this is my problem, the roof was letting in water and this was running down the cavity walls. Now the management company finally got someone in to look at the roof, at first it would be £600 per leaseholder because the costs where £6,000 (1/10 because 10 flats in the block).

After further inspection the whole roof needed doing, cost £70,000. So every leaseholder had to pay £7,000 to get the roof fixed. Ok so this was bad enough but we all had to pay.

My problem is that the damage the leaking roof has done to my flat is £2,500 worth, basically all the plaster is damp and has salts coming through. I have actually had quotes of £4,500 + £5,000.

Do I have a leg to stand on if I complain to the management company? I have paid fees of up to £150 per month for 10 years, then I pay for the roof and now I have to pay for the damage caused by the roof. I feel like they haven’t done their job that we pay a lot of money annually for and they have no insurance for this damage. My tenants contents insurance doesn’t cover a leaking roof!

Anyone been in a similar situation? Any advice?

Alexroof



Comments

Neil Patterson

14:40 PM, 4th March 2015
About 4 years ago

Hi Alex,

No you are correct that contents insurance is unlikely to cover damp. However have you tried making a claim on the properties block buildings insurance policy? This sounds far more like something they would cover.

Monty Bodkin

16:43 PM, 4th March 2015
About 4 years ago

they have no insurance for this damage

Why not?

Alex Russell

20:07 PM, 4th March 2015
About 4 years ago

Reply to the comment left by "Neil Patterson" at "04/03/2015 - 14:40":

The management company just says they can't claim because it was a building default from when it was built 30 years ago!

Alex Russell

20:09 PM, 4th March 2015
About 4 years ago

Reply to the comment left by "Monty Bodkin" at "04/03/2015 - 16:43":

Building's insurance doesn't cover it. I think building's insurance basically only covers a fire, a storm and a flood damage.

Monty Bodkin

21:03 PM, 4th March 2015
About 4 years ago

Reply to the comment left by "Alex Russell" at "04/03/2015 - 20:09":

I don't buy that.

Demand to see the insurance, quote this;

Under the Schedule to the Landlord and Tenant Act 1985 an individual leaseholder or the secretary of a recognised tenants’ association can ask the landlord for a written summary of the policy or an opportunity to inspect and take copies of the policy. The request must be made in writing and the landlord must comply within 21 days. Your landlord can only be required to provide the summary once in each insurance period (usually a year).

The summary should contain the sum for which the property is insured, the name of the insurer and the risks covered in the policy.

Thoroughly read through the policy.

In the back of my mind I remember something about a leaseholder having a right to deal direct with the insurer and bypass the management company. Could be wrong.

If you don't get anywhere, contact these for free expert advice;

http://www.lease-advice.org/

Jon Dahms

23:59 PM, 4th March 2015
About 4 years ago

I would say that you have suffered a consequential loss due to bad weather. The roof would not be covered but the effects of water ingress should be. The key issue is that you simply couldn't have known until it was too late. The Management company needs to consult with leaseholders over any expense in excess of £250 per flat. You also need to be sure you are getting best value. If your management company charges a percentage of works carried out I would be concerned.

ian

8:46 AM, 5th March 2015
About 4 years ago

Those in the top flats must have a lot of damp to ? what are they doing about the situation ?

ashley nissim

10:33 AM, 5th March 2015
About 4 years ago

I recently had a similar issue with a mangement company that was telling me water ingress caused by poor upkeep to the pointing was not an insurance claim.

I told them that it was not for them to decide, it was for the insurance assessor to decide. I also put it in writing that I wanted proof that they had reported the issue to the insurance company as failure to do so would invalidate the entire policy and I would hold that individual personally responsible if this happened. I made it clear that if this was not done I would contact them directly.

Put everything in writing & email any notes of calls (including names, dates & times).

Like Monty said, I also demanded a copy of the policy. They tried to send me just the Schedule, but I insisted on seeing the full policy.

In the end the claim was made & the assessor agreed that the full costs of the internal repair were covered.

Be persistent! Good luck!

sue walker

16:04 PM, 5th March 2015
About 4 years ago

We had a similar problem last year when rain water penetrated through the chimney stack from poor pointing. It damaged one wall and the wallpaper discoloured and peeled off. We had to have some replastering, paper relined and emulsioned. As landlords we claimed on the block policy and were reimbursed minus the excess
Sue W

Adrian Jones

16:19 PM, 5th March 2015
About 4 years ago

£70,000 seems a staggering amount of money. I would certainly be asking for detailed information on the quotes for the work.

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