Damp structural issues in leasehold flat?

Have you had an independent structural surveyor check over your property to assess what is wrong and what the remedy is? This will help you fix the problem and if you end up in dispute with the Freeholder will be stronger evidence than ‘ my wall is damp’.

What is the Section 20 for exactly?

You have a 2 issue problem.

1). What is causing the damp
2). Whose responsibility is it to fix the problem.

I suspect once you have an "expert" opinion for the first you will be able to resolve the second. Although that may require some legal pressure.

Properties of this age are almost certainly solid wall construction and at best have a layer of slate in the lower wall to act as a damp proof course. That slate cracks over time, particularly if there has been any settlement, which allows damp to rise. It's unlikely to be damp via condensation unless the air bricks etc have been blocked up or plastered over. If the 'rising damp, (which can only get to about 1 metre up the wall before the physics of weight of water/gravity/capillary force balance out), has been there a while, it can cause moisture in the air through evaporation in warmth, which then condensates elsewhere on windows and cooler walls.

The rolls royce solution is to have all walls that connect to the foundations 'tanked' up to 1 metre, ( basically thick plastic sheets to trap the water in the brick and away from the plaster). The cheaper solution is silicone injection, which forms a layer of silicone in or between lower lever bricks to stop damp rising, however silicone injection can fail in about 20 years.

Reply to the comment left by Tim Rogers at 28/11/2023 - 10:33The damp course membrane has collapsed according to freeholders survey, and i have been notified that i must empty all the contents of my flat including carpets and put them in storage,and also to find my own accommodation at my own expense,they then plan to remove all kitchen units fireplace etc ,remove skirting boards,dig up and remove concrete floors replace with wooden flooring ....hack off a half metre in height of plaster around the whole flat,then form a new membrane during this time process ,also one half metre externally too,taking months to complete.also i have had an environmental survey done which explained my problem as a category 2 hazard,but at a loss what to do next.

Reply to the comment left by gordon simpson at 28/11/2023 - 11:17
The damp course membrane has collapsed according to freeholders survey, and i have been notified that i must empty all the contents of my flat including carpets and put them in storage,and also to find my own accommodation at my own expense,they then plan to remove all kitchen units fireplace etc ,remove skirting boards,dig up and remove concrete floors replace with wooden flooring ....hack off a half metre in height of plaster around the whole flat,then form a new membrane during this time process ,also one half metre externally too,taking months to complete.

Reply to the comment left by Darren Peters at 28/11/2023 - 10:23
Please read my previous reply to Tim......i have been informed on my section 20 notice that i am responsible for this damp issue although i reported the problem within weeks of being in the property bearing in mind i was trying go settle into my new home at xmas time....i haven't had a private survey done as i was awaiting details of the case damp survey from the freeholder....which incidentally i have never been told.......just that they believe that the structure of the damp course has collapsed ...and my adjoining neighbour in a block of 4 flats had the same problem 5 years ago,but he was rehoused and household contents stored at freeholders expense.....but my freeholder said there was no interconnection between the 2 flats,also remedial work was done on my flat to the outside and small alterations inside

Reply to the comment left by gordon simpson at 28/11/2023 - 11:17Whilst it is caveat emptor all rectification works and alternative accommodation should be covered by the freeholder and/or the block buildings insurance policy. You have a copy of the block buildings insurance I presume, you should be sent this annually on payment of the premium. This insurance is organised and paid for by the freeholder and recharged proportionately to each Leaseholder as per Lease clauses. Read it re alternative accommodation and Leaseholder storage as it is highly unlikely that you should be paying for alternative accommodation or storage as the problem is a building structural one.
Ask for the insurers/brokers contact person and get confirmation. Often it is the insurer that has to find the alternative accommodation for the Leaseholder, not the Leaseholder.

What is the s20 notice for? These works or something else?

Reply to the comment left by Judith Wordsworth at 28/11/2023 - 11:40
Hi Judith, the section 20 is for " major qualifying works"the classification being the work to remedy the damp,i received this letter on the 20th october and responded with my take on this matter.
I received a response to my observations on the 16th November claiming that i responded months after i took up residence,in effect i notified the freeholder of my concerns roughly 10 weeks after moving in,although i was aware of a damp issue on entering my flat,my immediate aim was to get my house in order for xmas,i also thought that with the property being empty for a month or so .....that it was something that may clear due to the time of the year.....sadly not the case.
The letter dated 13th November received on Thursday 16th asked me to get a survey done and for surveyor to propose what works they had to tectify the damp issue, and i had until the 20 th November to submit this,bearing in mind Saturday and Sunday was 18 and 19th,i didn't have the chance to respond ,but my county councillor did and they would not extend this date.

My point involves opening up another battle front which in practice is time comsuming and rarely gives a satisfactory result. But here goes anyway.

In the pre-purchase process, the person who sold you this flat had an obligation to disclose 'relevant information'. It appears they may have missed out some important information, (historical damp issues) which if you had been made aware of, you would not have proceeded with the purchase, or negotiated a price reduction.

Reply to the comment left by david.... (not Goliath) at 29/11/2023 - 09:53Hello David,I can confirm my suspicions regarding the sale of this flat to me,the vendor rented the property until the end of October 22,I was informed by my family that the windows were permanently open day and night ...they reported this to me on a daily basis for 8 days or so,I thought that some form of work was happening,but when I called my solicitor....he replied the following day with the response that the tenant who had vacated the property was an all weather man who liked plenty of fresh air, this was a strange answer considering he had left this property 11 days earlier...I spoke later with the tenant telling him of my findings,and he 100% disputed this......may I add that the vendors solicitor and my solicitor were both from the same firm,initially when I notified my solicitor that surely this would be a conflict of interests, he then assured me that would be OK,may I add that I lived in Yorkshire roughly 167 miles away, and though I had a very good solicitor in Yorkshire..I thought it sensible to employ a solicitor basically on my doorstep....but just the reverse,my conveyancing was an absolute disaster from our very first face to face meeting.....and he has been most unhelpful in any matter I put his way....in hindsight I can't go into too much detail as I am considering another complaint in that direction,as at our first face to face meeting ......within minutes he said to me ....if you are not happy ....put a complaint in......which I did on another matter relating to the conveyancing.namely he did searches against my instruction as I was a cash buyer ...admitted his mistake but expected me to pay the charges.

Reply to the comment left by gordon simpson at 29/11/2023 - 10:56
I suggest you keep the pressure on the solicitor(s) as like you, I think there is a conflict. If things go well for you their legal insurance will pay out......but it takes time.