Damp caused by neighbours guttering - help!

Bibbitybob

Evening all,

I live in a ground floor flat which is the bottom half of a terraced house. The house next door has rotten gutterings which overflow water down the wall of my property. Both myself and my upstairs neighbour are experiencing damp problems because of this. As far as I am aware, all properties are owner occupied rather than rented/local authority.

We (myself and my upstairs neighbour) have spoken to the neighbour next door (about 18 months ago) and despite saying she'd sort it she still has not done anything to remedy the problem.

I have thought about suggesting to my upstairs neighbour that we get a quote done for the cost of new guttering next door and offer to part pay and arrange in order to get this issue resolved, but in an ideal world I wouldn't want to have to pay for repairs to someone else's property.

Can anyone advise on what we could do to move forwards with this issue? Could the council place any enforcements on her as an environmental health issue? Or is this not their problem?

Thanks in advance!

angelavdavis

It is understandable anyone not wanting to get into a row with their neighbour but this is a very selfish of her not to respond.

Personally I would now ask her again and say that the situation is getting worse and causing damage to your property, give her one month to resolve issue. Take photos of the damage inside and out.

If nothing happens, then put the request in writing (being firm but fair) mentioning that you have asked on two previous occasions (use date info) for her to resolve this situation, etc and say that will be consulting a solicitor if the guttering issue is not resolved within one month from the date of the letter as it is now causing water ingress into your property.

During this time, take further photos if the situation continues to get worse.

If nothing is done in a month, consult a solicitor to get a letter drawn up saying if she fails to do the work within the next month, you will proceeding with legal action.

If still no response after a further month, get the work done and take her to a small claims court for the cost of clearing/repairing the gutter and any decorating costs you have had to spend on your properties.

I would actually go into this with your upstairs neighbour to keep costs down as you both are suffering.

dampdaveski

Hi Bob,
I come across this quite a lot, and iti is awkward as you have to live next door to them, thing to do is to have a word with your neighbour and explain the situation (it may be she has no mullah to repair her gutters) if she doesn't do anything about it contact your local environmental health dept as the water entering your properties is classifies as a statutory nuisance (I'm fairly sure about this). They then have the power to serve an enforcement notice on her to get it done. If she doesn't they would get the repairs done and send her the bill. I'm sure it's not as straight forward as that but they are the people to start off with.
I'd be surprised if a solicitor would pursue this for you on one of those no win no fee things, as it's not a straight forward easy case for them and they would actually have to do some work! So you would end up spending money on a solicitor when you could actually just use some of the council tax you've paid
I am basing this on the local authority where I live, but all local authorities have environmental health depts.

Hope this helps
DD

David_Aldred

Hi - agree with the above comments though if your property has suffered damage through no fault of yourself then in addition to chasing up the Local Authority for enforcement you may also wish to claim on your buildings insurance for all making good both internally and externally and the insurers legal department may then chase the neighbours insurer not only to instruct the neighbour to make good the defect but also to recover their costs.

Kindest regards David Aldred Independent damp and timber surveyor

Bibbitybob

Many thanks for your replies.

I've spoken with my upstairs neighbour this morning, who says this has been an ongoing issue since she purchased the property (roughly 5 years ago). She has spoken with her several times and the neighbour has promised to do the repairs but evidently nothing has come of it.

I suggested we speak to her together and begin to escalate this. I will take all the points raised above on board, especially taking photos and putting the request in writing. I know she only lives next door, but would this be best sent recorded delivery so we can prove receipt?

My upstairs neighbour has said there is a solicitor who runs a free advice surgery where she works, so she is going to speak to them this week. I've said I'll contact environmental health and we will discuss next weekend the best way to proceed.

My upstairs neighbour seems to have it worse than me as she has black mould on her wallpaper. She also tells me that the house next door is in such a state inside that they only live on the bottom floor!! :eek: you can tell from the outside that they don't seem to mind the conditions they live in, but if it's that bad it can only cause further damage to my own and upstairs property.

angelavdavis

Let us know how you get on. Good luck!

Bibbitybob

Thanks angela.

I e-mailed someone within the council on Monday and he called me back that afternoon. He's recommended sending a recorded delivery letter to her with a time limit for a reply - eg. this is what we're asking you to do, please reply within 28 days stating when you will do it or we will take it to relevant authorities.

He sounded very confident when he said that if she doesn't fix it they can impose a nuisance order to force her to. If they impose an enforcement order it would mean prosecution and I said I didn't want that. Or maybe the other way round, I can't remember! He's said if we hear nothing from her then to get back in touch.

I'll let you know how it goes from here, thanks angelavdavis

pesky2

Great thread just what i was looking for i also have damp walls from guttering leaking for 15 years on my property a ground floor flat, previous owner never did anything my dad went and cleaned the birds nest out of it years ago which was blocking it, and its been leaking all the time, my wall really damp also another wall internally damp but dad took paper off today and paper dry so condensation on this occasion ? Wet clothes been aired in flat perhaps ?

Will try and add some Piccies to see if any advice.

Not sure how to do as trying to get images from camers card and dont know anything about url on camera card Any help Pls ?