Neighbour dispute - damage to property

[Bizziemum]

About a month ago my tenants discovered a large damp patch on the 1st floor party wall up by the ceiling. We know there isn't any plumbing in the vicinity in our property and the nature of damp and the way it appeared overnight suggested it was most likely coming from the property next door. Now, this property had previous stood empty for several years and renovations had just been completed which included two ensuites on the second floor next to the party wall (previously the attic), hence our suspicions. Concerned, as I knew this property was up for sale and unoccupied, I immediately sent the picture my tenant had sent me, to the owner saying that they might want to check it out before any more damage occurs. It was a friendly text, hoping that they would be able nip it in the bud before it caused either of us any more inconvenience. The guy called me a day or two later saying he was there earlier in the week and there was no problem but he would check it out. The next day we went to check on our tenants and the situation and get a first hand look. The wall was wet to the touch and when investigating in the attic it was obvious it was coming from next door. I immediately rang the owner and he said there was no problem in his property but he'd ask his builder to take a look in a couple of days.

Long story short, takes about two weeks for him to get his builder to take a look and he too says it's not their fault and it must be our roof. Meanwhile the damp patch has now become ceiling to floor and getting worse. We got a builder in to take a look who confirms what we thought and that the water is now compromising the integrity of the party wall! While all this has been going on have spoken with CAB, Insurance (say they can't process claim until leak is fixed - Simplelandlords), FPWS, Environmental Health, the Estate agent house is being sold through. Have documented everything and sent letter to owner with all actions to date and asking for leak to be fixed and to be advised of such. Have also written to the Estate agent with all the details so they are fully aware. The owner has actually told our tenants that he does not intend to do anything about it and it will be up to the new owners! I didn't get very far with the environmental health although they have sent a letter. I have now asked my tenants to make a complaint, as tenants, to the council, in the hope they might send somebody out. Mould is growing on the wall and our poor tenants have a dehumidifier going 24/7 but the smell is now permeating the whole house. I am not sure where I stand with regards to the insurance when we don't know one way or the other if the leak has been fixed. Can I claim on the basis that it has? What would happen then if it hasn't been? At this point it seems the easiest thing to do would be to knock through and fix the leak ourselves!!!!!

Holding it together - just!
Many thanks.
Bizziemum

[enquirer]

Re: Neighbour dispute - damage to property

We got a builder in to take a look who confirms what we thought and that the water is now compromising the integrity of the party wall! [....] At this point it seems the easiest thing to do would be to knock through and fix the leak ourselves ...

Yes, you can - although it would be wise to get the builders (or a surveyors) opinion in writing first. Take plenty of good quality photographs, both of what you see now, and of what you find, should you force entry.

The way it's shaping up, this will probably require litigation, so it might be wise to consult a solicitor without delay. The insurers are trying to get out of it, so make sure that you lay a good paper trail there, too.

[des8]

Re: Neighbour dispute - damage to property

If you suspect this water is coming from his water supply (which seems likely), you may find it useful to report the matter to the water supplier.

Under the Water Supply (Water fittings) Regulations 1999 section 3 (2) a person may not use a water fitting in a manner that causes waste.

Contravention of that provision renders a person guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.

Enforcement is down to your water undertaker, and if he fails in his duty the water regulator.

[Bizziemum]

Re: Neighbour dispute - damage to property

Many thanks for the replies. Have been on to the water company and they are going to send out a crew to investigate, however without proof there isn't a lot they can do. I fear the leak is not severe enough to be detected by flow in the pipes but maybe the sight of them will show the owner we're not going to go away and leave him alone. Have also contacted the insurance again who are sympathetic and have logged all our actions (which prove we are doing all in our power to sort it out) and will wait till we are ready to claim, once the cause has been rectified. Now I guess it's a waiting game until the council decide whether or not they will inspect on behalf of our tenants. In the meantime will speak to a solicitor.

I'm so fed up as it is all so avoidable. Maybe if we get a surveyors report and give him notice to fix it otherwise we will, or better still, under the party wall act I guess we would need his written permission to make the damaged party wall good! Which he probably won't consent to then the surveyors can be called in to get a party wall award which maybe could include 'stop damaging the party wall' cos we want to fix it! Or while fixing the wall we notice leaky pipe and kindly fix it for him. (Party wall surveyor next on list to call). Then put claim to insurance who will recover cost from his insurance! And hey presto! It's all sorted ha, ha! I won't hold my breath. One downside here though is the two months notice we would have to give - maybe in the circumstances not required, will check that with party wall surveyor. Wish me luck.

[ostell]

Re: Neighbour dispute - damage to property

If there is no one in the property can you not find the water company stop cock and turn it off?

[Bizziemum]

Re: Neighbour dispute - damage to property

Update - have received a letter from the council advising that our tenants have complained and asking what we as landlords are doing to rectify the problem. Spoken to them today and explained whole situation. They've taken all the details and will inspect, both properties if necessary, and take it from there. Maybe they can persuade our neighbour - fingers crossed!

[enquirer]

Re: Neighbour dispute - damage to property

Always follow up with a letter that reiterates the content of the telephone conversation. Council jobsworths have extremely elastic memories.

[Bizziemum]

Re: Neighbour dispute - damage to property

Always follow up with a letter that reiterates the content of the telephone conversation. Council jobsworths have extremely elastic memories.

Many thanks - will do.

Another question. Due to the conditions in the house, are my tenants entitled to a rent reduction? I'm just wondering about the chances of recouping any loss of earnings from the person responsible for the damage. Would this mean small claims court separate to any insurance claim for the actual damage?

[des8]

Re: Neighbour dispute - damage to property

It will depend on the insurance cover you have purchased.
An "add on" to basic landlord's cover is often "loss of rental income" which would cover a reduction in or complete loss of income following an incident covered by the policy.
Either approach your insurers, read your policy or post up details here so we can examine it.