Darren Bagnall from Manage Your Block outlines the issues commonly faced, including how to determine where responsibility lies and how to go about your repairs.
Historic buildings are full of character and charm but they require careful maintenance. Leaseholders in older properties often face issues with damp, timber decay and structural movement, all of which can lead to costly repairs and potential disputes over responsibility.
Understanding these problems and knowing how to navigate your maintenance obligations is essential for the comfort of all residents and to uphold a positive relationship with the freeholder.
Damp
One of the most frequent concerns in historic buildings is damp. This can take several forms, including:
- Rising damp, which occurs when moisture travels up from the ground into the walls
- Penetrating damp, caused by external leaks from damaged roofs, walls or gutters
- Condensation, which results from poor ventilation and can lead to mould growth.
Left untreated, damp can contribute to significant structural damage and unhealthy living conditions. Preventative measures such as improving ventilation, maintaining exterior brickwork and ensuring that drains and gutters are clear can help reduce the risk.
If damp issues arise, it is important to identify the source as soon as possible and take appropriate remedial action. This could include damp proofing treatments, improving insulation or repairing faulty drainage.
Timber Decay
Another serious issue in older buildings is timber decay which can develop as wet or dry rot. Wet rot occurs when timber is exposed to prolonged dampness, causing it to weaken and deteriorate. Dry rot, on the other hand, is caused by fungal growth and can spread rapidly, affecting not only wood but also the surrounding masonry.
Swift action is required for either type. The first step is always to address the underlying moisture problem by repairing leaks, improving ventilation or treating affected timbers with specialist solutions. In severe cases, you may need to have the damaged wood replaced.
Structural Issues
While some minor settlement is normal in older properties, significant cracking, subsidence or shifting foundations can indicate deeper problems. Signs such as widening cracks, doors or windows becoming difficult to open, or noticeable leaning in walls should be taken seriously.
In such cases, consulting a heritage specific structural engineer is recommended to assess the extent of the problem and determine appropriate remedial work. Repairs can range from simple masonry reinforcement to more complex underpinning if subsidence is identified.
Who is Responsible for Repairs?
Determining who should cover the cost of repairs can be a complex issue in leasehold properties. In most cases, the lease agreement outlines whether the leaseholder or freeholder is responsible for maintenance and repair work.
Generally, the freeholder is responsible for maintaining the structure of the building, including roofs, walls and foundations, as well as communal areas such as stairwells and external drainage.
Leaseholders, on the other hand, are typically responsible for internal maintenance, including plasterwork, fittings, and in some cases, windows and doors. However, these responsibilities can vary depending on the specific lease terms making it essential to review the agreement carefully.
If a repair falls under the freeholder’s responsibility, leaseholders may still be required to contribute to the cost through service charges. For major works, freeholders must follow the consultation process outlined in Section 20 of the Landlord and Tenant Act 1985, which ensures that leaseholders are informed of planned repairs and given the opportunity to challenge any unreasonable costs.
Managing Disputes Over Repairs
Disagreements over repair responsibilities are common, especially when costs are significant. If a dispute arises, the first step should be to check the lease agreement to clarify obligations. If you are still uncertain, communicating with the freeholder or managing agent in writing can help establish their stance. Keeping a record of correspondence is useful in case further action is needed.
If discussions fail to resolve the issue, you can seek professional advice. An experienced surveyor or structural engineer can assess the problem, producing a report that outlines the cause of the issue and any necessary repairs. This may support a leaseholder’s case when in discussions with a freeholder.
If disagreements persist, mediation or alternative dispute resolution can help all parties reach a fair outcome without resorting to costly legal action. In more serious cases, leaseholders can escalate the matter to the First-tier Tribunal (Property Chamber), which has the authority to determine repair liabilities and assess whether service charges are reasonable.
Funding Repairs and Available Support
Service charges typically cover routine maintenance and emergency repairs but for larger scale works, leaseholders should be aware of their rights under Section 20 consultations.
In some cases, financial assistance may be available from local councils or heritage organisations, particularly if the building is listed or within a conservation area. These grants can help cover conservation based repairs and ensure that historic properties are maintained in line with heritage guidelines.
Conclusion
Maintaining a historic leasehold property can be challenging at times but proactive maintenance and a clear understanding of responsibilities can prevent minor issues from escalating into major disputes.
Leaseholders should familiarise themselves with their lease terms, keep open communication with the freeholder and seek professional advice when necessary. By taking a strategic approach to repairs and ensuring compliance with heritage conservation rules, leaseholders can protect both the structural integrity and historical value of their property.
Manage Your Block aren’t here to tell you how to run your block of flats, but we can provide you with highly specialised software to make the management of your block much easier. Call us for more details on 0333 577 9070 or email info@manageyourblock.co.uk.