John Byers of Langley Byers Bennett provides sound advice about maintaining and repairing your block of flats.

Your property is probably your most valuable asset, and as a Resident Management Company (RMC) Director you have responsibility for your own property and for those of your neighbours. Buildings can be expensive to maintain, particularly when things go wrong, so a wellplanned approach to the regular maintenance and repair of a property is essential to avoid large, unexpected repair bills.

A well-maintained property also helps boosts property values and creates a pleasant environment to live in. In the course of our business as Chartered Building Surveyors we often find ourselves dealing with major problems that have arisen because simple (and often inexpensive) repairs have not been carried out in good time. Maintenance is simply dealing with repairs in a planned way. Carrying out small, regular checks and repairs so defects are spotted quickly and remedied before they become expensive problems. Regular maintenance can prolong the life of building components  so they last longer, and work better.

MAIN STRUCTUAL ELEMENTS

It is always important to consider the terms of your buildings leases when planning the repair and maintenance of your block. For most flats the obligation to carry out repairs is split between individual leaseholders and the Resident Management Company. Generally the Resident Management Company will have the responsibility for the exterior of the building, the main structural elements; such as roofs, floors, walls and so forth and the common parts that are shared by the lessees such as stairwells, landings, car park areas and gardens. The interior of the flats and their services (such as electricity, gas and water) are the responsibility of each individual leaseholder. Windows and doors are often also the leaseholders responsibility to repair, although not normally to redecorate. However leases can be drafted in different ways and it is essential to check with the leases so the right person can make plans for the repairs they are legally responsible for.

THE RIGHT CONTRACTOR

It is important to choose the right contractor to carry out repair work. Sometimes a general contractor (a builder with the ability to carry out different types of work or pull-in different specialists) is the best choice where there is a mixture of different work required. Sometimes where the work is limited to one or particular trades, a specialist contractor would be a better choice. When choosing a contractor ask your self the following questions:

• Are they a formal company?
• Do they have public liability insurance, and a health and safety policy?
• Have they been recommended to you?
• Can you ask a previous client of theirs for a reference?
• Have you, or your Building Surveyor seen their work?
• Are they long-established and of good repute?
• Have they given you a binding estimate, or complied with your formal tender procedure?
• Will they sign a formal contract and keep to time and budget?
• Are they insisting on money up front?

GUARANTEES OF WORKMANSHIP

The best guarantee of a contractor’s performance is to have the work carried out under the terms of a formal building contract, administered by a Chartered Building Surveyor. They will be able to advise you as to the quality of work you should expect and be able to advise and assist you if things do not go smoothly. For all but the simplest matters a Chartered Building Surveyor’s advice is valuable in diagnosing defects, specifying the right repair work and helping you select the right contractor for the job.

We have seen thousands of pounds wasted because contractors have been asked to do the wrong things, or gone about repairs in the wrong way. A considerable amount of our work arises because of disputes that have arisen because of poor workmanship, disagreement about payments or failure by contractors to return and correct or finish work. Often clients end up paying more to try and resolve a dispute than they would have done employing a Chartered Building Surveyor in the first place to help protect and advise them.

For more expensive work there is a formal consultation process that Resident Management Companies must follow with their tenants. This is set out within Section 151 of The Commonhold and Leasehold Reform Act 2002 although is commonly referred to as ‘Section 20 from the earlier Landlord and Tenant Act 1985. This legally binding procedure requires all lessees to be given the opportunity of nominating contractors to bid for the work and give the lessees the opportunity to formally comment on the work that is proposed. If a lessee does not agree with the landlord’s proposed works or choice of contractor you have the right to say so as part of this process although ultimately the landlord has to decide what should be done.

ACCESS PROBLEMS

Case Study: Water damage – By Bruce Maunder Taylor

It is persistent dampness and recurring water leaks, which cause frustrating problems. An extreme example was a long-term leak from the outlet pipe of a washing machine in a second-floor rented flat in a block in Finchley, London.

The old lady living below complained. Someone called, but the second-floor tenants were not in so nothing was done. The lessee who owned the second-floor flat was not really bothered, the rent was being paid, his tenants did not complain, so why was it his problem? The leak was between two flats, it did not affect the common parts so, isn’t it their problem to sort out between themselves?

But then the upstairs tenant left and the letting agent inspected. Many of the kitchen vinyl floor tiles were curling up at the edges; the hardboard beneath, which covered the floorboards, was sodden; in the bathroom, the floor was a bit springy; the bedroom skirting boards on the wall between that room and the kitchen were rotten, and there was a pervasive musty mell. Thankfully, the building insurers accepted the claim. Extensive dry rot was uncovered, the old lady beneath had to be temporarily re-housed while two complete floors were renewed, and full irrigation treatment carried out, re-plastering, refitting and redecoration. £104,000 was paid out, the insurers raised the premium on renewal and imposed a £25,000 excess for each water damage claim. Because of the claims’ history, no other company would give a quotation, and now it was everyone’s problem because of the increased service charge demands and the adverse effect on the saleability of every flat.

Water leaking through a so-called pinhole in the flat roof covering sometimes has an unfortunate tendency to travel before it appears as a damaging leak some distance away. Condensation is not usually difficult to diagnose but, sometimes, psychology skills are needed to persuade the flat occupant that it is their way of life that is to blame, or an incompetent builder.

Then there is the problem of inadequate funds in the service charge account. Why? Maybe too many arrears have been allowed to accumulate? Budget squeezed too hard by the lessees’ representatives? The managing agent just did not know the building well enough to make a good judgement? Or have too many other repairs already swallowed the repairs allowance?

Meanwhile, the leaks continue. A competent property manager is trained to give reliable budgeting advice, to recognize when to send an appropriate tradesman, when the circumstances need an inspection by the property manager, and when to send a specialist or a surveyor. Not only must the water damage be repaired, the fundamental cause of the penetration must be correctly identified and properly remedied.

The property manager and the lessees’ representatives must work cooperatively to avoid the risks illustrated by this example.

As one director of a residents management company once told a managing agent: Everybody makes the occasional mistake. Recoverable mistakes I might forgive. Irrecoverable mistakes: You pay.