responsibility for joists in apartment building
Discussion
Dry rot was discovered in the floor below the bath in one of my flats.
It's also in the joists which are my bathroom floor joists and are the ceiling joists of the flat below.
Is the remedial work (and cost) the joint responsibility of the two flats to deal with as the joists are common to both apartments?
It's also in the joists which are my bathroom floor joists and are the ceiling joists of the flat below.
Is the remedial work (and cost) the joint responsibility of the two flats to deal with as the joists are common to both apartments?
Edited by Portia5 on Saturday 11th May 10:34
TownIdiot said:
Portia5 said:
Don't you think they should be liable for the maintenance of their ceiling joists?
I am a bit out of practice but I *think* the joists would be classed as the fabric of the building so wouldn't the freeholder of the building be responsible?I'm currently involved in remedying rising damp in another tenement building. The common owners are jointly responsible for the remedial works below the affected ground floor flat, but not for the remedial works within the flat itself.
Full disclosure 1): This is in Scotland where virtually all property is freehold. My (technically my wife's) apartment is one of 12 in the building which are a mixture of privately owned and HA owned. The HA are also the factors (managers) of the building and their management includes organising the comprehensive common buildings insurance policy which covers risks to both the individual dwellings and the common areas.
Full disclosure 2): I've already sorted it, accepting that the insurers may or may not pay out on the claim. I've also contacted the HA whose maintenance manager says it's above his pay grade to decide whether or not they can pay half the costs of the joist remedy and has referred me to their Director of Assets.
Next week I'll be sending her the full bhoona paperwork/pics/vids etc and then no doubt wait a few weeks for their committee to meet and decide on it.
Personally, I think the insurers will repudiate the claim.
More confident that the HA will share the costs (eventually).
O and here's a tiny extract from a Housing Tribunal hearing:
"...The Tribunal’s Decision:
The Tribunal have already determined that the joists are the property of the flats concerned and they not a common part of the tenement...."
Full disclosure 2): I've already sorted it, accepting that the insurers may or may not pay out on the claim. I've also contacted the HA whose maintenance manager says it's above his pay grade to decide whether or not they can pay half the costs of the joist remedy and has referred me to their Director of Assets.
Next week I'll be sending her the full bhoona paperwork/pics/vids etc and then no doubt wait a few weeks for their committee to meet and decide on it.
Personally, I think the insurers will repudiate the claim.
More confident that the HA will share the costs (eventually).
O and here's a tiny extract from a Housing Tribunal hearing:
"...The Tribunal’s Decision:
The Tribunal have already determined that the joists are the property of the flats concerned and they not a common part of the tenement...."
Edited by Portia5 on Saturday 11th May 11:38
AdamV12V said:
FWIW, I was the chairman of the board of a mgmt company (apointed through owning the penthouse there) for nearly 20years, not to mention working for 30+ yrs in a residential property lawfirm. So my comments on the leases etc... come with a degree of experience 
How much experience do you have of Scots Law, property, or property management?Gassing Station | Homes, Gardens and DIY | Top of Page | What's New | My Stuff