Thanks Whale,
I am always learning new things from your posts (always level-headed) and relied on them heavily myself… especially my issue with a neighbour (under EC instruction) using my balcony as a dumping ground!
I suspect like you that the Tenant told the Building Manager (as the OCs servant and agent) prior to ‘kingst’; and in doing so the OC had been made aware before ‘kingst’ started to lose out on rent. Whatever decision his OC made, it failed to rectify the cause of the ‘mould infestation’ being the common property.
This all relies on a sect 62 (3) resolution not being passed by the OC as required. Of course, if a sect 62 (3) resolution was passed and mould did occur, then a claim in negligence could liable the EC if they took it upon themselves to ‘choose’ not to correct the issue.
Hopefully ‘kingst’ will give us some more insight into his dilemma, and if his OC (or EC) are worth their salt, they’ll fix his leaking roof promptly.
Mould (toxic) is far too dangerous to ignore and everyone knows how unhealthy it is to live with!
Thom