SJB123

Thanks everyone for your replies - really helpful.

I will request details of the insurance and lease stating this from the Freeholder (they are a fairly large, private property management company dealing in commercial and residential properties) - they in-turn employ a Block Management company to manage the properties. I sense it is the contact in the block management company that is less experienced in these matters.

Thanks for your reply.

Yes, 'ripped up' is probably a bit strong - it's more that the company is not going to accept any liability for damaging them so is covering themselves - I am perfectly happy if they can be lifted and refitted - a steam clean is going to be a lot less than new carpets.

I did question the plaster forming part of the building but they had said this is covered by contents insurance.

With regards to the rental income etc - the letting agent will not market the property and classes as inhabitable as it's a potential health hazard and they will not knowingly list with the issue.

I was thinking about this the other way round - if I had carried out maintenance that damaged any part of their building I am sure this would be a different story.

I will take a close look at the lease.

Thanks again

Hi Everyone,

My first time posting on here so apologies if this is covered or in the wrong place.

I am the leaseholder of a flat which I rent out - as is usual, we don't own the outer building and pay maintenance and service charges.

I had been renting out the flat but had always had a fairly minor damp issue - some flaking paint on a wall that would be periodically re-painted. I decided as we had a break in tenants to get it properly investigated as it seemed to be getting worse. 3 surveys confirmed there was rising damp with a defective Damp Proof Course and the pointing on the outer 2 walls was letting in moisture.

The freeholder has agreed with the findings and will take on the work, but has said the following is not their responsibility:

Carpets (around 8 months old, will need to be ripped up for the work)
Re-plastering the interior walls which need to be chipped away to carry out the work
Repainting
2-3 months loss of rent
Council Tax

I have contacted Direct Line who have said this is not insurable as caused by a 3rd party who have admitted liability.

Does anyone have any experience of this and know what the precedent is?

Many thanks