Next door's leaking roof affecting property

zaksmum

My friend lives in a terraced house and discovered his roof was leaking. He has spent a lot of money having the leak repaired but has been told by the roofers that the leak is due to the state of disrepair of the roof next door.

He approached the people next door and explained this to them and they are fully aware their roof is in a dreadful state, but say they have no money to repair it. They are owner occupiers, not tenants.

Is there anything at all my friend can do? He can't afford to pay to fix next door's roof as well as his own!

lynzpower

Has he spoke to his building insurer?

The neighbours may be able to apply for a homeowners grant from the local council to patch the roof where necessary?

Nicki

Yes. He can sue them for the damage to his property, and their insurers will meet the claim. Check with them first whether he actually needs to issue a writ though or whether the insurers will pay out on a letter of claim. If they are owner occupiers assuming they have a mortgage they will have compulsory insurance. Damaging another's property due to your own house's lack of repair is legally nuisance and is actionable. On the plus side, if the damage will be ongoing due to a problem with the roof, the insurers may pay for it to be fixed for them so it is a win win situation for the neighbours.

zaksmum

The neighbours have lived there many years and my friend thinks their mortgage may be paid off and therefore doesn't believe they have insurance. He'll pop round tonight after work to check this out with them - something will have to be done before winter sets in!

gw11

This is a 'Statutory Nuisance', where the condition of the neighbour's property is affecting your friends property. Your friend needs to contact the Environmental Health Dept. of their local council. There is a duty to take action in these cases.

Nicki

gw11 wrote: »

This is a 'Statutory Nuisance', where the condition of the neighbour's property is affecting your friends property. Your friend needs to contact the Environmental Health Dept. of their local council. There is a duty to take action in these cases.

How does this help OP? I have already explained to her that her friend has a legal claim against the neighbour for nuisance. His problem is though that the neighbour is likely to be uninsured and has no money to pay for the repairs out of their own pocket. Suing them in those circumstances isn't going to get the roof repaired, nor will involving EH. EH is not going to meet the costs on behalf of the neighbour.

If the neighbours are elderly, as I infer from the fact they have lived there for a long time and probably have paid their mortgage off, it is possible that whatever Age Concern is now called may be able to help them find grants to repair their roof, as it is no doubt causing them problems as well as the neighbour. Otherwise, without knowing exactly what is causing the problem it is difficult to know what to suggest. If the damage is being caused by water running off their roof, could some guttering be put in place to divert it away from your friend's roof perhaps? Not pretty I grant you, but at least it stops the situation getting worse. Can he claim the extensive cost of his own repairs on his own house insurance?

meritaten

his own house insurers should be able to help on the legal side. but if they are elderly and have no insurance - its a problem but not insurmountable.

lynzpower

How does this help OP? I have already explained to her that her friend has a legal claim against the neighbour for nuisance. His problem is though that the neighbour is likely to be uninsured and has no money to pay for the repairs out of their own pocket. Suing them in those circumstances isn't going to get the roof repaired, nor will involving EH. EH is not going to meet the costs on behalf of the neighbour

You dont know that.

Environmental Health DO give grants in exceptional circumstances for repairs to properties owned, including those owned outright.


example http://www.islington.gov.uk/DownloadableDocuments/Housing/Pdf/Renovation_Grant_2011_12.pdf

Renovation grants are available to owner-occupiers for major repairs, who are on income
related benefits. These include;
 A severe roof leak, serious dampness, repairs, drainage or where there is a threat to
your safety.
 Repair or renewal of a heating / hot water appliance.
 Repairs or adaptations to enable someone to be discharged from hospital
 To obtain a specialist report stating what works are needed to remedy a complex
defect e.g. electrical report or structural survey.
If you and your partner are on Income Support, Guaranteed Pension Tax Credit or in
receipt of Housing and or Council tax benefit the grant will pay for major repairs of up to a
maximum £30,000.
If you are not on the passport benefits, the Council under special circumstances will
consider carrying out a means test; therefore you may have to contribute some money
towards the cost of works.
You will be eligible for a grant if:
 all owners are on income related benefits
 you have owned the and lived in your home for at least five years
 the property was built or converted more than 10 years ago
 you are over 18 years old

zaksmum

Trouble is, my friend is on good terms with his next door neighbours and wouldn't want to hassle them with talk of suing them or serving writs on them.

I don't know them so don't know if they are elderly, but he said he'll speak to them tonight and may be able to give me a clearer picture tomorrow.