Crack in wall - damp

[Premiere]

Hi there,

I moved into my flat recently and stupidly didn't have a full structural survey...

Anyway, it looks like a horizontal crack was filled in on one of the lounge walls. The only reason I realised it was filled in was because damp patches were coming through where it had been filled in. I painted over them thinking it might have been painted too soon after filling the crack but the damp (yellow in colour) has come back in small patches. I suspect this could be a leak?!

It's a basement flat in a Victorian building (4 storeys high - 8 flats in total). Obviously it's a leasehold.

I am not sure what I should do? Aren't the foundation walls the responsibility of the freeholder? Should I contact them?

Any ideas? I am new to this property thing so be gentle with me.

 

[NickStone]

Premiere, if it's a leasehold flat and you don't own a share of the freehold, you don't own any of the main structural walls. They're the responsibility of the lessor. Have a look at your lease under 'demise'. It'll be near the beginning of the document. You'll probably find that all you actually own is the space within the external walls plus half of any walls between your flat and someone else's. Is there a management company in place? That's your first port of call.

 

[Premiere]

Thanks Nick. It's definitely a leasehold and there is a management company in place (who are not very effective as you can imagine).

I contacted them about it and they want me to pay for someone to come round and have a look at the problem. Is that right?

 

[NickStone]

Management companies are often 'not very effective'. Again, read your lease and see what their obligations are. There should be a section which starts: 'The Lessor covenants with the Lessee as follows to: - '

And there should follow everything they're obliged to do, including maintaining, repairing and renewing the main walls. How can they meet this obligation without inspecting the property? You will of course pay for everything eventually as part of the management charge but the costs will be split between you and the other flats. It's not your wall, but theirs. In cases like this, it's always worth getting to know your neighbours because management companies can be thrown out and another appointed if residents aren't satisfied.