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Just wondering if anyone can offer some advice on an issue we have with our house and repairs. We currently live in an old (circa 1900) 4 in a block property. External maintenance and repair costs (roof, external walls etc) are split four ways between each property - we have usually instigated any repairs needed and all owners have contributed as required.
The owner of the house below us has requested that all owners contribute to work required to reharl/render one of the external walls and replace a leaking downpipe. The owner has advised us that this has caused significant damp in his kitchen. We have agreed to jointly contribute to this cost as we recognise the work needs to be done. However, the owner has also requested that we contribute to the cost of inserting a damp proofing course in the wall and the cost of taking out and re-fitting his kitchen. We see this as an internal, rather than external issue. Internal work like this as in the past been paid for solely by each house. However, he argues that as it has probably been caused by an external problem we should contribute to the cost of the repair.
Ourselves and the two other owners initially refused to cover the cost of the internal work but agreed to pay for the external work. The owner of the house in question has since reposnded by stating that he is proceeding with the work and will take us to court to try and recover the costs of the internal work. The internal work split four ways will cost each house £400 on top of the cost of the external work.
We have a brief copy of our title deeds which do not advise what the position is regarding internal replairs. As far as I can make out this means that the Tenements Scotland Act 2004 comes into play which is used to organise joint replairs.
Just wondering if anyone has had a similar experience to that described? How was it resolved? Was the Tenements act used? I'm concerned that if we are taken to court - small claims court I'd have thought - and lost, would we have to pay his legal costs?
The cost of legal advice would probably be greater than the cost of the interal repairs, hence my appeal to the collective wisdom of STW. I'll contact Citizens Advice tomorrow to see what they advise too. Ta.
Doesn't he have house insurance? Wouldn't internal damage be covered?
No, as it's built up over time. We had a little damp in a chminey breast once and got our insurers to look at it. They wouldn't pay out as said it had built up over time, rather than as the result of a single incident caused by bad weather, accident etc.
Isn't damp proof coursing widely regarded as pointless these days? Or am I misremembering?
my girlfriend had a damp patch in her flat that was being caused by a number of factors, 1 a cracked gutter, 2 a leeky window and 3 a build up of crap in the wall/under floor.
The only comunal part is the gutter. This will be listed in the title deeds of your property.
The fact his flat is suffering from damp is his problem, the damp course is a dubious one but when we asked a few damp specialist companies to quote they all said it would be my girlfriend's responcibility and not communal expense, i asked this question to them all as the expected cost was high and the answer was the same every time.
If the roof leaked and you had to fix a ceiling do you think he would pay???
If its built in 1900 then its unlikely to have a DPC. Whats it got to do with DPC anyway? Downpipe leaked - damp not rising damp. Render wont have anything to do with it unless there is driven rain, most likely damaged by the leaking downpipe.
I dont know scottish law, but as a general rule in these circumstances external/fabric REPAIRS are join responsibility. Adding a DPC where none exists is IMPROVEMENT, so not join resp. You are only liable for internal damage where you have a duty or responsibility for maintenance of the fabric and have failed in that (as distinct from just a liability to pay for such maintenance). I cant see any positive responsibility there unless scottish law provides.
In any event, he must have noticed it as much as anyone else and did nothing, you are not liable for his inaction.
I suggest 'see you in court'
I am assuming that the building is made form Stone with a lime render finish? if so then A DPC (horizontal injection type) is pointless and a waste of money. He's trying it on. Tell him to whistle and jump for it!
As above, if it's caused by the leaky render it has sod all to do with a DPC? And I don't see why everyone should pay for internal decorations.
Sorry, I may have misled you by referring to a damp proof course - just been informed by the wife that it's a damp proof membrane that's being put in the wall vertically.
Do you think this alters things? Our reaction as I mentioned was that we wouldn't contrinute for what we see as an internal repair. Glad to read that the general view seems to back this up.
Folk in Glasgow/Edinburgh who live in the tenement flats must have been through similar situations regarding repairs - any advice/experience?
yeah, sounds like he's trying it on unless his house is below ground level even in which case it would still be seen as an improvement rather than a repair.
He argues that if the damp problem in his kitchen is not rectified it could spread and potentially affect the structure of the whole house. Incidentally, we, and the other owners, have paid for similar internal work to our own properties in the past. If he pursues things we may dig out some old bills for internal work we paid for solely and get him to contribute his share to them retrospectively 🙂
Sounds like you need an independent survey doing, perhaps?
If the leaking downpipe is the cause of the damp.
Once it's fixed then there will be no more damp, so no need to protect against it with a membrane ?
I spoke to Citizens Advice today and while they could not offer any legal advice (and directed me to enquire if a solicitor would offer a free initial consultation) the advisor stifled a laugh as I described the situation.
I also phoned a surveyor who had also priced up the work but the owner decided to go with another. The surveyor didn't stifle a laugh, more guffawed loudly, when I told him the owner was expecting us to pay for the internal work.
Don't think we'll bother paying based on the above and your responses. If he wants to take us to a small claims court to recoup the money he can.