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Next door property is causing damage to my property - what rights do I have?

22
Found 17th Sep 2011
Hi

Advice please...

I am currently having some building work done to my property, although the building is ca.1790, it is in excellent sound condition, however, it has a large crack to the render from 1st floor to ground floor. When the builder took the render off, it revealed that the crack has been caused by the next door neighbour whos property is in a poor state, the water dripping off his property has caused my render to blow, and the main internal beam (which supports the 1st and 2nd floor) to decay with wet rot.

The builder called a surveyor who looked at it, and said that the main beam can be saved, but the problem will continue unless the owner of the next door does something to his property to stop the water from seeping into mine.

Sure enough, when trying to talk to the landlord of next door, in not so many words, told me to chuff off, and was not interested.

Would any know what I can do legally to enforce him to do something? any advice?

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22 Comments

offer to pay for his repairs?

I doubt that you could get them to stop water dripping off their property! I mean it does rain you know?!? I would guess that you need to waterproof better?

Banned

I will eat my own ass if you have a legal leg to stand on with this one.

Original Poster

Benjimoron

I doubt that you could get them to stop water dripping off their … I doubt that you could get them to stop water dripping off their property! I mean it does rain you know?!? I would guess that you need to waterproof better?



The water dripping can be stopped, the landlord just needs to maintain his property.
Edited by: "peter_griffen" 17th Sep 2011

DangerGod

I will eat my own ass if you have a legal leg to stand on with this one.



Be prepared to eat you ass then. There are legal remedies if your property is being damaged due to the neglect of a neighbour. There have a duty of care towards their neighbours. If the water dripping into your property is causing damage and is directly related to action or non-action of your neighbour, you can enforce remedial work.

Get a decent Solicitor and you will win. However, if your neighbour is an idiot, be prepared for a long fight, because these sort of civil cases take a long long time going through the Courts.

peter_griffen

The water dripping can be stopped, the landlord just needs to maintain … The water dripping can be stopped, the landlord just needs to maintain his property.



Maybe so, but I doubt that you can force anyone to stop water coming off their property. It may well be possible for me to stop water coming off mine, but if a neighbour told me to I'd probably say no!!!

You claim off their buildings insurance... Well your buildings claim from them actually..

Banned

Let me know the outcome OP.

Spoon at the ready....

Banned

DangerGod

Let me know the outcome OP.Spoon at the ready....



hope you're going to video it

pinkleponkle

offer to pay for his repairs?



[img]t1.gstatic.com/images?q=tbn:ANd9GcQDW9lCNOzD-97QRWP3ptFna1_OdkADYP9JcUd8e_DwouzV8WCc[/img]

Ask the surveyor the builder used if he is prepared to do a report in his professional opinion of what has caused the damage including a suggested remedy and if he is prepared to go to court as a witness for you. Have your builder do a quote to repair the damage and if your total claim falls below £5000 then you can use the Small Claims procedure in your local County Court.

DangerGod

I will eat my own ass if you have a legal leg to stand on with this one.



If that is your ass in the avatar, then I will help you

I think there must be a legal remedy. My old flat was broken into by the police, a plumber and the neighbour because water was pouring into their place. Turned out to be coming from above my flat so the police moved there and did the same again.

They stopped the water but did not carry out a repair.

Ignore the useless info here, as there's a lot of it.

Your neighbour is causing statutory nuisance, and is therefore responsible for ensuring their property doesn't cause damage to yours. He is therefore liable to ensure the defects in his house are remedied.

Contact your local council Environmental Health Dept, and have them serve notice on your neighbour to have his defects repaired.

Get the surveyor to write a report and send it off to the council?

Has the leak been found? Can nothing be done there? Drip tray?

Banned

I'm sure there will be a legal remedy

http://www.bwl-law.co.uk/disputes/neighbours

that seems to suggest there is a legal remedy too

Banned

DangerGod

I will eat my own ass if you have a legal leg to stand on with this one.



Wow... You're not having too much luck lately! X)

OP speak to your insurance company. They should be able to claim on his insurance (if he has it!).

Chidda

Get the surveyor to write a report and send it off to the council?Has the … Get the surveyor to write a report and send it off to the council?Has the leak been found? Can nothing be done there? Drip tray?



He doesn't need to do any of that - the EHO will assess the damage and rely on the opinions of the professionals, including the builder - although it appears this is quite an obvious defect, they may not even do that.

If the Officer is of the opinion the defect at the neighbouring property is causing the problems with the OP's house, he must serve notice to require repair.

moob

He doesn't need to do any of that - the EHO will assess the damage and … He doesn't need to do any of that - the EHO will assess the damage and rely on the opinions of the professionals, including the builder - although it appears this is quite an obvious defect, they may not even do that.If the Officer is of the opinion the defect at the neighbouring property is causing the problems with the OP's house, he must serve notice to require repair.



You sound like you know what your talking about - if I need any advice I will come to you!

maccy1

You sound like you know what your talking about - if I need any advice I … You sound like you know what your talking about - if I need any advice I will come to you!



Been doing the job for a decade mate - always willing to help. (_;)

It is unlikely the Environmental Health Dept will do anything unless the tenanted property is in disrepair. Then they can use the Housing Act to force repairs on a landlord. If the landlord is being negligent and it is affecting the neighbours property, it is a legal battle to get anything done. Even if you win the case, forcing the owner to carry out repairs is not guaranteed. He could claim he has insufficient funds or declare bankruptcy - then where do you go? The landlord may will have a duty of care to his neighbour's but he still won't put his hand in his pocket to pay for your repairs. I think proving the claim will also be difficult unless there is absolute cast-iron evidence that his negligence is the cause of the damage.
I would try your insurance company and be very firm with them as they will want to sidestep this issue. If you are in the North East contact me I am a Chartered Building Surveyor of 15 years standing who also used to work in Environmental Health.

Banned

I love to re read 3 year old threads. If this hasn't been sorted already I would be shocked.

It would be good to know how this story has ended. I am in a similar position. After a repair a few months ago by my neighbours landlord, to the shared gully on the roof above the party wall between me and the neighbour, water has started leaking into my house and damaging my side of the wall. My insurer's identified the problem like this;

' upon inspection it was found that the valley joining both properties has been coated with Cromapol (please see photos). This is not a permanent solution and has not been done very well and is leaking. Neighbours property is owned by the council and I cannot understand why the council would have carried out such a bad job'

I don't have legal access to the shared gully to do the works without permission, only my neighbours landlord the local Council does. They have been promising to send their surveyor since October but now it is nearly Christmas and despite phone calls and emails they still have not inspected the leak. They say they have to do this before making plans for a repair. Emails the council go un-unswered and every time I phone the council I talk to people who are not willing to give me their names, or a date for the inspection for the inspection. What would you suggest in this situation.
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