Leak from next door affecting wall in house

achtunglady

Two years ago my mums dining room developed damp along one wall, she got builders out who said it was a leak from mums bathroom above, water was apparently coming through from the grout/sealant, so she replaced the sealant and grout and the insurance came and sorted out the problem, re-decorated and all seemed fine.
Four months ago, shes got the same problem, dampness from the top of the wall, now shes had 3 surveyors out and they have looked outside at the neighbours down pipe which has no cover, so in the event of heavy rain the water splashes out onto mums wall, so they are saying this is the cause as they have checked her pipes from the bathroom above and the wall under the bath is dry so its not faulty grouting or water getting through the sealant. Mum got in touch with the insurance and they have said but we fixed it two years ago, so mum said well the same problem is there so you obviously didnt fix it correctly, so they said ok they will do it.
Mum has paid the insurance (LV) her excess and they arranged for the contractors to come round and do the work, consisting of drying out the wall with an industrial dehumidifier, replacing the plaster board and decorating.
The contractors has have some disagreement with LV and will no longer do the work, so mum was told find another contractor get the work done and they will pay her.

She has tried to talk to her neighbour whose pipe is causing the problem ( no point in getting it sorted again when the problem is still there) but she refuses to open the door, as mum had a word with her when she had her last work done to ask if she had any leaks. Mum saw her son and mentioned it to him and since then she won't answer the door to mum.
Now the insurance are saying they dont get involved with neighbour disputes so what should she do now?? Thanks

illzlee

depending on your configuration of the properties, it may be appropriate to engage the services of a party wall surveyor. the party wall act essentially covers your property against actions carried out by your neighbour through negligence or without due consideration for your 'enjoyment' of the property.

are the wto properties adjoining semi's? if so, seek an initial consultation with a party wall surveyor.

achtunglady

Thanks for the reply, the two properties are part of a terraced set of houses.

So with this party wall act, can she (the neighbour)be forced by law to take remedial action as to her overflowing downpipe??

achtunglady

Anyone?????

macman

The PWA merely exists to cover work done on an adjoining property that might affect your property.
It doesn't have anything to do with your neighbour's inaction affecting your property.
If your neighbour will not even discuss it, then your only remedy is to take legal action for compensation for the damage done and to make them fix the problem so it does not recur.
I would start with a recorded letter to them stating that this is how you will proceed if they do not have the problem fixed within say 30 days.
If that doesn't work, then follow it up with a County Court Small Claims action or a visit to your solicitor.

baldelectrician

If it is a terraced row it may be cheaper to install a new downpipe within your boundary and let that do all the work. Your contractor could fill the kneck of the faulty downpipe (or divert the flow to your new pipe). The solution is now in your hands.