2nd floor flat, concrete floor disintegrating

[Laurence Evans]

I have a 1960s 2nd floor flat. Removed old carpet tiles from the kitchen to find what I would say are quite significant cracks and deterioration. In parts it seems the concrete is disintegrating as can be seen in the last photo which was taken after some light brushing and makes me think it’s not just the floor settling (the debris is very crumbly). The damage is spread out across a couple of metres with the patch photo’s being approx 30cm. Can anyone provide direction to remedy this? I’ve read that covering it up would traps moisture and that removing and relaying is required but also that covering it up with the right resin based mix would sort

 

[Dereekoo]

At a guess I assume the floor is beam and block (or reinforced concrete slab) with a covering of screed and its the screed, that wasn't mixed right or badly cured, that is disintegrating. You could try digging out one of the really crumbly bits and see how far down the "proper" concrete is (60mm?) and then decide the best way to tackle the issue. If it feels solid underfoot then may be best to leave well alone but if its shifting about it may be best to replace. There must be something in the lease about who's responsible for the structural integrity for your floor and the under occupants ceiling?

 

[Laurence Evans]

Thank you Dereekoo. The lease states

ALL THOSE, the structural parts of the Buildings including the roofs foundations floors and all walls bounding individual flats or garages therein and external parts of the Buildings (but not including the glass in the windows save as aforesaid non-structural walls within the Flats the interior joinery plaster work tiling and other surfaces of floors ceilings and walls or above the surface of floors behind the surface of walls or above the surface of ceilings and which exclusively serve individual Flats or exterior doors of the Flats except the external surfaces of them) and all cisterns tanks sewers drain pipes wires ducts ducts conduits and aerials not used solely for the purpose of one Flat.

I'm no legal expert so I may be wrong but I read that as the floor (concrete) is included as part of the lease but the surface (the carpet/laminate) on the floor is not covered.

If you are correct about the floor being made up of beams/slab and a screed then I would be willing to bet the managing agent will try to say that the screed is a surface on top of the floor.

 

[Dereekoo]

Interesting clause, I would say that since the flat could not be occupied without the floor slab being finished with a screed to enable a floor covering, whether that be tiles or carpet etc etc then the screed is part and parcel of the slab but no doubt there are precedent cases relating to this. I guess its a case of throwing it at the leasehold company and seeing what their response is before you move forward with any repairs

 

[Laurence Evans]

I did exactly that to which they responded to say the floor cracks and disintegration were because of the age of the concrete and due to thermal movement and that it is my responsibility to remedy. They also suggested a route to repair the floor based on a report a contractor gave them after looking at it for 5 minutes. I quoted the lease to them again and requested documentation to support their repair recommendations (such as test results from the concrete/ structural engineer report) and they’ve messaged back to say they will cover it as part of the service charge.
This resolves the issue for me as it absolves me from any costs but I’m not sure how it sits from a moral pov or legal. I think I’m questioning if the building fell down, would they just take it out the service charge?…at what point does the leasehold company have to put their hand in their pocket or the insurance’s?

 

[Dereekoo]

If the building fell down then I would expect the insurance company whoever is insuring the actual fabric of the building would bear the responsibility. Service charges I should imagine are for maintenance and upkeep of the building and will be itemised/specified somewhere in the associated contractual bumph. Good to know that you do not have to pay for it (although since you pay service charges I guess you are in a way)