The Problem: A Year of Water Damage and a Freeholder Who Wouldn’t Act
A leaseholder living in a ground-floor flat spent over a year battling persistent leaks from the balcony two floors above. Each period of rainfall triggered fresh water penetration into the bedroom, damaging plaster, flooring and skirting boards and leaving the room cold, damp and uninhabitable. Repeated reports led nowhere, and despite contractors attending, the leak continued to spread.
Once they instructed our specialist leasehold disrepair solicitors, we cut through months of delay. We reviewed the lease, obtained expert evidence and advanced a clear claim for breach of the freeholder’s repairing covenants. This resulted in a £9,000 settlement offer, an outcome that compensated the leaseholder for the extensive disruption and helped bring an end to the long-running problem.
Over a Year of Leaks, Mould and Damaged Rooms — With No Resolution in Sight
The leak first appeared in early 2021 and continued throughout wet weather. Water tracked through the ceiling and down the walls, pooling on the floor and damaging anything placed against the bedroom walls.
The leaseholder repeatedly contacted the landlord. Contractors eventually confirmed the leak originated from the balcony of the flat above—which was vacant and boarded up—but no repairs were carried out. Months passed without progress.
For related information, please read: ‘Can Leaseholder Claim Compensation for Disrepair?’
How We Built the Case: Lease Review, Expert Survey and a Clear Path to Compensation
Once we were instructed, we analysed the lease and confirmed that the freeholder was responsible for repairing the structure and exterior, including the balcony area where the leak originated. Internal damage within the flat flowed directly from that breach.
We then instructed a specialist surveyor to provide an expert report. The surveyor identified:
- water penetration from the upper balcony
- mould affecting multiple bedrooms
- damp-damaged flooring
- black mould growth across walls and ceilings
- contributing defects in communal brickwork, mortar gaps and blocked gullies
The expert’s photographs at pages 13–16 of the report, showing mould to the ceilings, black staining to the corners, rotting skirting boards and cracked flooring, gave a clear sense of how severe the deterioration had become. The expert also recorded condensation on internal window surfaces and damaged mastic seals, consistent with prolonged damp conditions.
The expert set out a clear programme of required external repairs and detailed internal remedial works, making it plain that the problems stemmed from failures to maintain the structure above the flat.
The Outcome: £9,000 Agreed After the Landlord’s Condensation Defence Collapsed
The landlord continued to deny responsibility, suggesting that the issues were condensation-related, but the expert evidence did not support that position. We pressed ahead with the claim and set out our valuation for the considerable distress and disruption suffered.
Following correspondence and further negotiation, the landlord made a formal Part 36 offer of £9,000 to settle the claim.
This represented a fair compromise in light of the evidence and the risks that come with litigating lease covenant disputes. The offer was accepted.
Why Leaseholders Trust MJV Solicitors When Their Freeholder Won’t Listen
Leasehold repairing disputes are rarely straightforward. Many leaseholders struggle for months—or years—to get freeholders to engage, even when the covenants are clear. We take a different approach. We move quickly, obtain the right evidence and present the claim in a way that leaves little room for delay or denial.
Our approach is simple: no nonsense, no excuses and no tolerance for landlords ignoring their responsibilities. We focus on results, not arguments.
Facing the Same Problem? Get a Free Case Assessment Today
If you are a leaseholder facing leaks, damp, balcony failures, structural problems or any issue your freeholder is responsible for, we can help. Our leasehold disrepair solicitors can help you:
- Obtain expert evidence
- Pursue a claim for compensation
- Ensure necessary repairs are carried out
- Understand your legal rights as a tenant or leaseholder
Contact us today on 01253 858231 or claims@mjvlaw.co.uk for fast, effective support or visit our website for more information about how to start your claim for Leasehold Disrepair
Read about some of our other successful disrepair claims, and how we helped:
- Leaseholder Wins £7,900 Compensation for Damp and Water Ingress Caused by Freeholder’s Failure to Repair
- Croydon Tenant Wins £12,500+ for Severe Damp and Mould in Council Flat
- Damp, Mould and Draughty Windows in Maidstone Flat: Tenant Wins £2,250 in Compensation
- Leaseholder Wins £16,800 Compensation Over Damp, Leaks, and Failed Repairs
- Leaks, Damp and Mould in Council Flat: How We Helped a Croydon Tenant Claim Over £14,000
