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Subsidence

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SEASIDER52

from United Kingdom

Joined: 02 Oct 2006
Posts: 3
Location: London,
United Kingdom

PostPosted: Mon Oct 02, 2006 12:51 pm Reply with quote

I have a crack running down the front of the house from the first floor window to the top of the bay window on the ground floor. This is causing water to leak in through the ceiling inside the bay window during heavy rainfall.
As I am a leaseholder, I am trying to determine whethor or not the freeholders buildings insurance will cover the repair, (I read somewhere that subsidence is covered, but wear \\\'n tear is not)or whethor I will am liable for the damage.

Any advice would be greatly appreciated. I also have some very clear photos of the crack that I can email.

Thanks in advance
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keyplayer

from United Kingdom

Joined: 20 Jul 2003
Posts: 1474
Location: United Kingdom
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PostPosted: Mon Oct 02, 2006 1:05 pm Reply with quote

Has the property had replacement windows (in the bay)? I would have thought if subsidence was the culprit the crack would be below the bay window as well. Post photos of your crack... ooer missus etc.., etc,...
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SEASIDER52

from United Kingdom

Joined: 02 Oct 2006
Posts: 3
Location: London,
United Kingdom

PostPosted: Mon Oct 02, 2006 1:16 pm Reply with quote

Thanks for the quick response Keyplayer. The windows are not new. infact seem very old. Do you have an email I can send the pics to? as I dont have a site to link the pics to.

Much appreciated

MOD 2

e mail them to admin@diynot.com admin will post them for you
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^woody^

from United Kingdom

Joined: 03 Sep 2006
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PostPosted: Mon Oct 02, 2006 5:39 pm Reply with quote

The landlord is responsible for maintaining the structure of the property.

The crack could be caused by several things, but its not really your concern.

You can also claim damages for internal decorations and/or other items damaged.
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SEASIDER52

from United Kingdom

Joined: 02 Oct 2006
Posts: 3
Location: London,
United Kingdom

PostPosted: Mon Oct 02, 2006 8:40 pm Reply with quote

Thanks Woody.

Just to clarify, I own the flat, but as a leaseholder. The freeholder rents out the 2 flats on the first and second floor. He is not my landlord. Is it still his resoponsibility to repair the crack, as I checked the lease and it says that I am liable for 33% excess on maintenance costs.


Does this mean I am liable for 33% of the cost of repair???

Thanks in advance for any advice .
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^woody^

from United Kingdom

Joined: 03 Sep 2006
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PostPosted: Mon Oct 02, 2006 9:12 pm Reply with quote

If you lease the flat its still a landlord/tenant arrangement.

It would seem that the lease terms are that the maintenance costs for the structure and communal areas are split between the three flat owners ie you will all pay 1/3 each. It's basically similar to your service charge

It is the landlord/freeholder who is responsible for organising the work and getting the quotes etc, but under the Commonhold and Leasehold Reform Act 2002 there are certain consultation procedures which the landlord must follow when arranging high value repairs. This is to ensure that the tenants/leaseholders are not over-charged.

As I said, it may not be a significant repair and may just require repointing, or it could be more serious. But either way the landlord should get it looked at and the required work done. If he fails to rectify the problem or does not do the correct repair, then you can seek redress and compensation under other landlord and tenant law
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ModernMaterials

from United Kingdom

Joined: 30 Mar 2006
Posts: 303
Location: Leicestershire,
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PostPosted: Tue Oct 03, 2006 10:28 pm Reply with quote

Seasider, Hi I have an old house, 1930s which has a similar crack but at the rear and it has caused no problems at all. I hate to be a harbinger of doom but I would be worried that your leak has nothing to do with the crack. I.e. is the covering of the bay window faulty as well?

I would point that crack up as a matter of course if i were you just to see if any other faults are causing your leak.
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i'lltryit

from United Kingdom

Joined: 16 Jan 2007
Posts: 4
Location: Dorset,
United Kingdom

PostPosted: Wed Jan 17, 2007 1:35 pm Reply with quote

Hi, about subsidence again. Some of the concrete floors in our old bungalow have sunk, perhaps 1/64th of an inch per year over the past 30 years, or about 1/2 an inch say.
Does building regs allow me to skim over with a self-levelling compound up to the bottom of the skrting boards again, or to comply with rules do I have to perform a more drastis measure please.

Bri.
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Tozzy

from United Kingdom

Joined: 06 May 2006
Posts: 408
Location: United Kingdom
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PostPosted: Wed Jan 17, 2007 6:12 pm Reply with quote

Are you definitely sure that it's a crack and not just damaged poinitng? Not long after we had a window replaced by a reputable firm, we noticed that our brick joints gave the impression of major cracking. I just repointed it, but what has exactly happened? Have the bricks broken in two? I want to see the photos icon_biggrin.gif.
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jeds

from United Kingdom

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PostPosted: Thu Jan 18, 2007 10:54 am Reply with quote

Sounds to me like you have a 'long' lease (i.e. 21 years or more) in which case you effectively own the flat.

If so then you will be liable for a share of costs for structural works. You mention 33% which would follow with there being three flats in the house.

Are you sure the bay window is a solid structure? Very often bays are timber framed with a render finish. These often crack.

If it is solid then from your description I would first of all check out the beam which forms the head of the bay window - i.e. the one that supports the wall above the bay. This will be timber beam in an older property and the ends may be decayed.
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