Q&A: Water through a flats ceiling - who pays?

Q: "I live in a block of flats and the person living above me recently had a leak beneath their bathroom, which caused damage to the ceiling of my own bathroom. Who is responsible for covering the cost of this damage?"
Jenni, Macclesfield

A: "You will need to gauge whether the pipe that caused the leak serviced just the apartment above or if the pipe was communal. The plumber who fixed the leak should be able to clarify this for you. If the pipe was communal then it is a ‘communal parts’ issue and should be covered by the building’s insurance, meaning your managing agent can process an insurance claim and oversee the repairs.

"If the cost of repairs is less than the insurance excess, then it may be worthwhile to pay for the repairs through money in the service charge fund. If the leaky pipe only serviced the apartment above then the owner of this apartment is responsible for the plumbing repairs and repairs to your apartment. Either way it would be for the service charge or the owner of the flat above to recompense you for the damage you have suffered."

Roger Southam Answered by Roger Southam, chairman of residential development management company Chainbow.

Q&A: Paint for condensation-prone walls

Q: "We have a poorly ventilated house and our walls are often affected by condensation, which has led to mouldy patches in some places. We are now redecorating. Is there anything I can do to prevent the problem from recurring, and what is the best sort of paint to use?"
Sophia, London

A: "To help resolve any damp, check all sources of water ingress. Look for overflowing gutters and small cracks in the exterior walls of the property, as these will allow water to penetrate through the walls and into your home. If you find any problems outside these need to be repaired or all the hard work you carry out redecorating will only last a short period of time.

"A lot of damp could simply be condensation. The warm air in the house contains moisture which condenses on any surface which is cooler. Bathrooms and kitchens are more susceptible to condensation, which if left can result in mould growth. Exterior walls are colder and therefore particularly susceptible.

"When it comes to redecorating, you will first need to remove any mould. For this you can use Polycell Mould Killer, which contains a powerful fungicide for killing and removing mould and also helps prevents re-growth. Once the mould has been removed, Polycell One Coat Damp Seal, which has been specially formulated to seal damp patches on interior walls and ceilings, can be used. You will then be able to redecorate your walls and ceilings with standard Dulux paints.

"If the problem persists you may need to consult a builder or look into using decorating materials that can help insulate your internal walls."

Matt GrayAnswer provided by Matt Gray, technical training consultant at Dulux.

Q&A: Should I pay rent to my landlord or an agent?

Q: "I live in a rented property and, until now, have always paid my rent direct to the landlord. I recently received a letter from an estate agent saying that from now on, I should pay my rent to them, and that the property may be repossessed when my tenancy ends in August.

"I phoned the agent to query it and they told me that although the landlord still technically owns the property, he has no right to collect rent because of debt he owes on the property. I then spoke to my landlord, who said that the agent is lying and that I should continue to pay rent directly to him. What should I do?"
John

A: "This situation may have arisen because your landlords mortgage company has appointed a receiver. Alternatively, your landlord may have defaulted on the rent that it pays to its own landlord (your superior landlord).

"A letter from an estate agent asking for you to pay your rent to them is not sufficient. You should contact the agent to find out what has happened. If a receiver has been appointed, the agent should send you the Notice of Appointment as well as evidence that the receiver has the power to require you to pay your rent to him. If your landlord is in default to his landlord, the agent needs to serve you with a Section 6 Notice, which is a formal notification that you should pay future rent to them.

"If, on receipt of further information, you decide to pay future rent to the agent, you should write to your landlord to notify him of your decision, and state that your rent payments to the agent are in full and final settlement of your liability to pay rent under the tenancy.

"Both your superior landlord and the mortgage company can bring possession proceedings against you – but your superior landlord loses this right if you pay your rent to the agent. The mortgage company loses this right if either your tenancy predated the mortgage or the company had consented to the tenancy. It would take several months for either your superior landlord or the mortgage company to obtain a possession order from the Court.

"You should also consider whether you have any right to remain after the tenancy expires. If the annual rent is £100,000 or less and you are not in breach of the tenancy, you will only have to leave if you have been served with a Section 21 Notice giving you at least two months to vacate, and the deadline in that Notice has expired. Otherwise, your tenancy will continue past August."

Scott Goldstein

Answered by Scott Goldstein, a Solicitor in the Property Litigation team at Howard Kennedy

Q&A: How do I know where a properties boundaries are?

Q: “I am buying a mid-terrace house from a repossession company and the full length of the garden is not included in the details. There is no border and as it stands it looks as though it is being used as part of the garden. At this point in time, we don’t know who owns the land and neither does the repossession company. Can you advise where we stand in a situation such as this? We feel this may decrease the value of the property for a future sale.”

A: "There are two types of boundary: legal and physical. The legal boundary separates one owners land from anothers but may not always be identified with a physical boundary on the ground.

"A search can be made of the Index Map at the Land Registry which will confirm whether the area in question is registered. If it is then, subject to certain formalities, adverse possession (possession of land without legal title) can be claimed after ten years. The registered proprietor then has two years in which to recover possession or grant a lease or licence of the land.

"If the land is not registered then a period of 12 years must pass before adverse possession can be claimed. You may be able to show all or part of this period by producing statutory declarations from owners of neighbouring properties who have firsthand knowledge of the use and occupation of this land.

"There is a procedure for fixing boundaries under the Land Registration Rules. Notice is served on all the owners and occupiers of the adjoining land. The adjoining titles are then inspected and there is a survey.

"Provided there are no substantiated objections from the neighbouring landowners, the title plan can be amended to reflect the legal boundaries."

Susan Drakeford

Answered by Susan Drakeford, licensed conveyancer at Adams & Remers LLP.

Q&A: Who is responsible for my buildings gutter?

Q: “I rent a ground floor flat, and there’s another flat above mine. The gutter leaks very badly and when it rains, the water from the gutter falls outside my front door. In heavy rain the water actually splashes under the door and into the hall. My landlady says it’s not her responsibility to repair the gutter and the property above mine is unoccupied. How can I find out who owns that property, and is it their sole responsibility to have the gutter repaired just because their property is the one with the roof?”
Elaine, Grantham

A: "An interesting question and I assume the flat is in a building with only the two flats from the description. In order to find out who owns any property you can do a Land Registry search online which would cost £4. This would tell you who owns the property and their address at the time of registration of the property.

"In terms of responsibilities, this will depend entirely on what your lease says. Usually it would be for the service charge to cover exterior repairs and recharge to all parties. However if there are only two flats in one building then it would be rare to have a service charge or managing agent, so the starting point would be checking your lease for the clauses as this will tell you what should happen. I wish you well in sorting this problem out and hope it is resolved soon."

Roger Southam

Answered by Roger Southam, chairman of residential development management company Chainbow.

Q&A: How do I remove emulsion paint from carpet?

Q: "I was recently decorating my living room and spilt emulsion paint on the carpet. How do I get rid of it before my wife gets back from holiday and sees what I’ve done?!"
Hugh, Peterborough

A: "If it’s a small stain, a little vodka can work wonders. Dampen the affected area with vodka then lay a cloth (also wetted with vodka) over the top.

“Then place a heavy object like a book wrapped in cling film (to prevent any print/colour transfer) on top, to allow the emulsion to be absorbed into the cloth. Leave for a couple of hours and then gently scrape away the now-softened emulsion with a blunt butter knife. Repeat the treatment, leave for a couple of hours and then rinse away any remaining paint.

“If it happens again in the future, tackle the spill straight away by rinsing thoroughly, using plenty of water, and then dab dry. Anything other than spots may also need some extraction to remove the water. A hand-held, wet vacuum may suffice."

Ian McCormack of ServiceMaster CleanAnswered by Ian McCormack, technical expert at ServiceMaster Clean.

Q&A: Resolving a boundary dispute with a neighbour

Q: "Recently, my next-door neighbour decided to replace a rickety old fence which ran along the boundary between our front gardens. Previously, there had been fence posts and wooden fences which clearly marked where the boundaries of the front gardens lay. My neighbour demolished his front boundary fence to create an open drive, and we then demolished ours to build a wall. With the shared post gone it was difficult to judge where the post used to be, although we had planted a marker which has since disappeared.

"My neighbour has now built a nine-inch-thick wall to replace the fence between our gardens. The new wall obstructs a rainwater drain which serves our rainwater pipe and gutter on the side of our house which faces his property. Previously, this drain was clearly exposed on our side of the boundary fence and easily accessible from our side. How can we establish where the boundaries should be and on whose side of the boundary this drain should be?"
Marco, London

A: "The hardest-fought battles between neighbours are undoubtedly centred on boundary disputes. Over the years, many of these cases make the national press as incredulous judges question how relatively minor issues could have escalated out of all proportion as parties take up positions and will simply not back down regardless of the cost and time involved in going to court.

"In this particular case, the ideal solution would be to sit down with the neighbour and the respective Title plans of each house and try and resolve matters in a friendly and amicable manner. If this fails to achieve the desired result then I recommend use of the Royal Institution of Chartered Surveyors (RICS) Neighbour Dispute Service. This can be used jointly by the parties or by one party alone.

"Upon receiving a completed application form and admin fee of £241 inc VAT, the RICS will appoint a suitably qualified expert who will make an ‘Expert Evaluation’. The cost of this is £1,500 plus VAT. Once such a determination has been made then hopefully the rights and wrongs of the case will be clear to all and appropriate remedial action taken either by agreement or if necessary by subsequent litigation through the courts."

Peter L Coling of Kinleigh Folkard & HaywardAnswered by Peter L Coling, professional services director for London-based estate agent.

Q&A: Structural issues with chimney breasts

Q: "I recently moved into a house where the chimney breast in the kitchen has been removed, and as a result the chimney breast in the spare room upstairs does not seem to be supported. This was pointed out during the survey but, as it has been in this state for about 20 years, our view is that maybe we should just leave it. The house was built in 1907 and our next-door neighbours chimney has also been removed downstairs. Should we arrange to have the chimney stack removed completely or is it safe enough to leave it as it is (bearing in mind that we will eventually use the bedroom as a nursery)?"
Kirill, Bristol

A: "You may be able to leave the chimney as it is, but you will first need to establish that it has been sufficiently supported. You should first check the full details of your original survey, and it may be necessary to go back to the original surveyor who carried out the survey.

The main point is that the load transferred down is supported - you will need to expose the floor to check this is the case. If in any doubt, ask an expert, either the original surveyor or go to RicsFirms.com to find a RICS surveyor in your area."

Alan CrippsAnswered by Alan Cripps, RICS associate director of the built environment.