Neighbour's insurance company not accepting liability for leak affecting party wall

PasturesNew

If it were me I'd splash several coats of water-proofed sealant on the outside wall, strip the one wall of wallpaper and dry out the wall with a dehumidifier (borrowed or from freecycle) over a month or so. Then I might wallpaper the wall again, or just paint it.

Easiest route, least hassle.

Builder sounds like a chancer.

Doozergirl

PasturesNew wrote: »

If it were me I'd splash several coats of water-proofed sealant on the outside wall, strip the one wall of wallpaper and dry out the wall with a dehumidifier (borrowed or from freecycle) over a month or so. Then I might wallpaper the wall again, or just paint it.

Easiest route, least hassle.

Builder sounds like a chancer.

I agree apart from slapping sealant around. It will hinder the water trying to get out.

I can't see the point of a solicitor. Just start dealing with the issue. Strip the walls, sugar soap them for the mould and get a dehumidifier and see how the wall/ceiling is once dried out - it'll take ages mind. You'll have to assess whether the ceiling or walls need replastering but it doesn't sound that bad on face value.

Stain block it once it's dry if you don't need to take any further action and redecorate.

PasturesNew

Doozergirl wrote: »

I agree apart from slapping sealant around. It will hinder the water trying to get out.

I was thinking: seal it on the outside, suck the moisture out from the inside with the dehumidifier

not_loaded

I wouldn't be getting my hands dirty, and spending my money, on something so obviously someone else's responsibility.

Maybe the OP isn't a Barry Bucknell?

chillisaucesalad

I'm conscious that if I repair the damp myself (or pay upfront to fix it with builder) then there would be little incentive for the insurance/HA to expedite any reimbursement at all and would drag their feet even more.

if I threaten legal action (via a solicitor) is there a risk that the Insurance company /HA would call my bluff and attempt to drag this out in court? They would no doubt be able to afford better legal resources than I.

It seems that the tenant whose ground floor flat shares the affected party wall actually resides somewhere else- hence not complainaing to the HA about the damp. She just has the flat in her name.

Is there any legal clause/ legislation I can quote that would confirm their liability/obligation to fix the damage? I want to make sure written correspondence will have some clout and not just get ignored.
(from a health perspective, the damp is starting to smell and irritate our asthma).

zzzLazyDaisy

Are you sure they don't have buildings insurance? What if the house burned down? Or it developed subsidence? (I'm assuming there is no mortgage on the house, as it is a condition of the mortgage that you maintain buildings cover).

It is worth double checking because the insurer would send in a specialist to de-humidify the place and make it properly habitable again, as well as repairing the damage.

chillisaucesalad

Affirmative (not ideal I know). Mortgage has been paid off.
Am in the process of getting new policy in the meantime but really need to resolve this first!

(Without getting delayed and ignored by HA's insurance company I should add)

silvercar

Why not appoint loss-assessors? They will act for you in dealing with the other sides insurers? Shouldn't cost you anything, as they claim the costs from the other side.

silvercar

chillisaucesalad wrote: »

Affirmative (not ideal I know). Mortgage has been paid off.
Am in the process of getting new policy in the meantime but really need to resolve this first!

(Without getting delayed and ignored by HA's insurance company I should add)

You don't need to resolve this first. This matter obviously won't be covered by your insurance, but no reason not to insure ASAP.

Welshwoofs

The plaster may well be screwed if the damp has been going on for months (3 months for the HA to fix?). You'd not really know until the wall is dried out...then if it's powdery or crumbling you'll have to hack it back, bond and skim the patch.

As others have said, I'd simply put the matter in the hands of your insurers. I once had to battle Parcel Force because one of their vans who was delivering to my next door neighbour completely smashed in the side of my parked car when reversing back out of our tiny access lane. Despite the fact that I *saw* it happen and my neighbour gave me a copy of the delivery note to verify the time, Parcel Force wouldn't admit liability. I passed it to my insurers and they got a cheque out of them within a couple of weeks.

It seems that insurers are simply programmed to tell the general public to go to hell in dozen different ways and only take serious notice of other insurers.