tmd was instructed by solicitors acting for the freeholder of a large residential development in south west London. A leaseholder alleged that he had suffered water damage as a result of the faulty design or poor maintenance of the communal rainwater disposal system; as a consequence, he was withholding his ground rent and service charge.

Following an inspection of the premises and examination of drainage schematics and other documentation, tmd produced an expert report demonstrating that the flooding of the tenant’s patio and resulting damage to internal finishes was likely to have resulted from a lack of maintenance of guttering, downpipes and rainwater outlets for which the tenant was responsible.

The case went to the County Court and was decided in favour of tmd’s client.