Q&A - Damp

Although the block was in reasonable condition for its age there were one or two areas that could be improved.  We have been working through these with one major work each year, e.g, overhaul of roof. As soon as we became directors the couple underneath demanded a long list of renovations be carried out a.s.a.p. Many of these to their flat including renovation of the brickwork which supported our balcony, various areas of longstanding damp in their flat etc.  We have also had a fire safety report carried out, there was much opposition by this couple as they had replaced their front door with a non-fire door.  I could go on and on about being woken up at five in the morning and the derogatory letters etc. They repeatedly said the maintenance charge was too low (we think they received some financial support) and several of the other residents struggle to pay. To date everyone has paid in full although there were defaulters previously. We have instigated a reserve fund as there was none and previously all our maintenance fees were paid into our Managing Agent's personal joint account with his wife! We had an Owners meeting and decided ( nine to one) that we would dismiss the managing agent and run the RTM ourselves.  We now have complete financial transparency and only take minimal expenses.  We have had other directors over the years but these have now moved away.  Remaining residents (all elderly) were told that if they became directors with us the couple would "make their lives hell" as obviously they live there permanently. They have always refused to speak to us face to face choosing instead to write.

My question finally is this.  The husband died two years ago and his widow recently put her flat on the market. This was under offer.  We noticed in the agent's particulars there were a couple of inaccuracies such as claiming it was share of freehold and the water rates are included (neither true).  The sale has fallen through, we are not being told why, but she claims that there are now several areas of damp in her flat and she wants immediate remedial work, including those previously dealt with which were pronounced satisfactory at the time.  As we were not even supposed to know that a) her husband had died and b) her flat was for sale we would like to know if we have to do this work straight away?  We assume that the purchaser's' surveyor found this damp.  For the first time in several years she attended the AGM (these were not held previously, this couple doing most of the directors' duties felt that an AGM was not necessary!!). No mention was made of any damp problems then.   We propose that the damp is discussed at our next general meeting as this year we are all paying for the four yearly external decoration. As she will not let us into her flat we have no idea how bad the problem is but she is prone to exaggeration. Would she or the RTM Company be responsible for the cost of a survey and who would be responsible for the cost of any remedial work? We would like to know where we stand on this and any information or advice would be very much appreciated.

ANSWER

The first step will be to commission a full assessment of the flat to determine the presence and extent of the reported dampness and to provide advice on the cause of dampness and recommendations for any remedial works.

Rather than approaching a damp remedial firm/contractor ( often referred to as a “Damp Specialist”) to carry out the inspection for dampness, I would recommend the appointment of a Chartered Building Surveyor, regulated by the Royal Institution of Chartered Surveyors (RICS), who will provide an independent and impartial assessment of the Flat.

The RICS provide a Find a Surveyor website which can be used to find a suitable local Surveyor: www.ricsfirms.com

Dampness within buildings can be caused by a number of factors, including:

1.     Penetrating Dampness – rain penetration through the building fabric. Common causes can include leaking rainwater goods.

2.     Rising dampness – dampness rising through the building fabric through the absence or failure of a damp proof course.

3.     Leaks – quote often leaks can occur from services pipework or wet appliances, such as shower trays. This is a common occurrence and one that often affects flats within a building.

4.     Condensation – this is caused when warm, moist air condensing on a surface which has a lower temperature than the due point.  Condensation is often caused by a lack of ventilation.

A useful factsheet summarising the causes of dampness in buildings can be found attached. 

The presence of any dampness can, and often is, caused by a combination of factors.In my experience, the majority of damp related problems are attributable to simple defects (such as leaking rainwater goods) and can be easily repaired, or in the case of condensation, managed.

In buildings dating from circa 1875, the main walls are usually built with a Damp Proof Course (DPC) which resists the passage of ground water rising through capillary action.

In the case of flats on the lower floors (for example ground and lower ground), quite often the walls are “tanked” that is, they are treated with a vertical/continuous damp proofing (often full height) to maintain a dry internal environment.

Where a DPC and/or tanking are installed, deterioration and failure can occur requiring remedial repairs.

The responsibility for the maintenance, repair and upgrade of any DPC or tanking would usually be defined in the Lease for the Flat/Building.

As a general rule (although not always the case), where the building/external walls were originally built with a DPC, if failure of the DPC occurs, this would be the responsibility of the Landlord as part of the communal repairing obligations of the structural walls.

If during the history of the flat, a DPC and/or tanking has been installed, the repairing obligations may rest with the leaseholder of the flat. The responsibility for repair may be contained in any Licence to Alterations.

In some cases, determining the repairing obligations for DPC’s and/or tanking can be complex and if this is not clear, legal opinion may be needed.

With regards to the responsibility for fees for the initial survey, one option would be to obtain a fee proposal from a Surveyor and consider agreeing the cost apportionment for the survey, based on the findings (for example of the cause of the dampness is found to be due to defects associated with the Landlords property, the Landlord will cover the costs).  Conversely, if the results of the survey determine that the cause is related to an issue in the affected Flat (for example a leaking appliance), the leaseholder will pay for the cost of the survey.

Another option may be for the landlord to pay for the cost of the survey and recover the cost from the leaseholder, subject to identifying the cause.

You mention that a survey may have already been carried out by a prospective purchaser of the affected flat. If the findings of any previous survey have been disclosed to the leaseholder of the affected flat, these may help as a starting point/guide for the appointment of a Surveyor.

Julian Davies  MRICS, MIRPM, RMaPs, MFPWS

Chartered Builidng Surveyor and Managing Director of Earl Kendrick Associates Ltd Chartered Surveyors