Neighbour Dispute - damaging MY property

Fierce1979

Afternoon

I've read through lots of the 'neighbour dispute' threads but none seem to properly address my concerns

We bought a house in April, knowing that it had some damp issues. We got quotes and the vendor compensated us accordingly

However, the next door neighbours property is in a bit of a state, and in two places water runs into our house (chimney stack and extension) and is causing quite significant damage

The vendor knew about this as it had been discussed, but they failed to disclose it on the sellers form

I've spoken to him and he refuses to get his house fixed. Problem is, we can't move on with our repairs and decorating until this is sorted as the issues will just keep coming back

Does anybody know what my options are here?

In terms of getting it fixed, I obviously can't force him to do it, so I spoke to the council (neither are council houses, but still) and they will write to him asking, then insisting, then finally they could do the work and pursue him for the costs accordingly

However, they said that it would likely take 6 months minimum, and we can't leave it that long

Anyone got any suggestions please?

Cheers

dotdash79

Check to your building insurance and see if you get legal advice.

martinsurrey

You’ve gone through the official channels (correctly!), and unless you wait for their slow cogs to churn I'm afraid the only other solution is

http://www.thebaseballshop.co.uk/baseball-bats-c11/maple-wood-bats-c15/louisville-m9-c271nc-maple-baseball-bat-p296



and I don’t recommend it.



You’ll just have to sit tight and keep on at the council.

Fierce1979

He's about 70 and looks a little bit like a troll. I'm both scared of him, and scared of frightening him

If we wait the 6 months for the council to sort it out, then the damage to our property will be much much worse, and I don't know if the council will cover OUR repair costs. Should check that actually

In terms of the vendor that sold it to us, is there anything can be done there? He was aware of this and failed to disclose it?

Will get onto my insurance company too

Marshflower

Does the neighbour own out right? If not, surely as terms of his mortgage he must have buildings insurance he can claim on as if the house is in that bad a state I doubt he can afford to pay for it up front. Maybe he is worried about claiming on the insurance and upping the premium?

BitterAndTwisted

Maybe he's refusing to have the work done because he lacks the funds to have it carried out. That's a terrible situation to be in at 70 years of age.....

TrickyDicky101

You can't claim for maintenance on your home insurance.

OP, how do you know the vendor knew about this - I'm not questioning whether he did or not, I'm asking how you would prove it were you to take the vendor to court?

ValHaller

The other approach you could take is to go to a solicitor yourself and seek a court order - much the same as the council, it will take time - but it might be quicker. No experience on this, though.

dotdash79

How much would it cost to fix?

carefullycautious

Did you not see any damage yourself if it has been going on as long as you suggest. Also why did your survey not pick this up?

Fierce1979

I exaggerated, he's not really 70. Late 50s I'd say

I know that his elderly mother lived there all her life, so I would guess that there is no mortgage, and wouldn't surprise me if no insurance either (assuming it isn't mandatory)

He definitely doesn't have the funds to carry out the work, or that's what he's advised anyway. That's fair enough, but doesn't help my situation. The damp gets visibly worse by the week

I know that the vendor was aware of the issues because they had 1 minor part fixed. Both roofs (ours and neighbours) need the firewalls tending to, and they had discussed this and got the work done between them. He (neighbour) has since advised that they decided against doing the larger work due to cost

Nothing in writing though