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Tim Taylor said: Posted on: 12/10/2018 11:32

I am the freeholder of a Victorian house which was converted in the 1980s into 5 flats. The basement flat now reports a damp problem which, after investigation of all other possible causes, is clearly due to penetration through the walls. The treatment recommended by expert damp-proof contractors is to re-tank the basement entirely and dry line with plasterboard.
The lease says the external walls are part of the structure (and so to be maintained by the freeholder) but the plaster is part of the internal flat. The owner of the basement is asking for the building as a whole to meet the cost of repair. Other flat owners say that as it is not the walls themselves which have failed but the internal plaster, this is an internal repair to be done by the flat owner.
Is there any case law on this? Who is right?

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