Recurring leak from neighbouring property - options?

sramdeen

Evening all

I will try and keep this as short and succinct as possible. My elderly parents have been going through hell for almost five years and I am trying to get the situation resolved on their behalf. Here's an outline of the problem:


* Parents live in council rented accommodation
* Neighbouring property is privately owned but rented out by the owner. Was bought as a buy to let from previous owners in 2007.
* Various tenants have come and gone over the past five years
* When a new bathroom was fitted approx. four years ago, water started leaking into my parents house every few months
* Each tenant has generally been friendly and accommodating in raising the complaint with the property's managing agents
* Have contacted the local authority (owners of my parents house) at least twice, but they are not interested in offering any assistance even though it is their house that is being damaged. On each occasion they have simply suggested "claim on your house insurance".
* Managing agents have visited at least half a dozen times over the past four years and every time claim to have rectified the leak
* We have, on many occasions, also visited the managing agents office and raised a complaint.
* I have threatened in writing the managing agents with legal action (an empty threat at the time). This had a manager from the agency turn up on the door step just hours after hand delivering the letter to them. Again, a promise of the fault being rectified was made but a few weeks later the problem returned.
* We have never met or seen the owner of the property. After paying the land registry, I was able to obtain his name and the mortgage lender details but the listed address is for the property he rents out, not his correspondence address. The mortgage lender (The Mortgage Business PLC) was closed down to new business by HBOS in 2008 and so contacting them in order to try and contact the owner is proving to be difficult.


Could someone with experience in this kind of matter please offer any advice? I have no idea if the managing agents are actually informing the owner of the problem, or if they are just brushing it under the carpet. I'm not sure if any legal proceedings should be brought against the managing agent or the owner.

I have tried to trace the owner via social networking sites, but because his name is a very common one this was a non-starter!

Thanks a million.

GwylimT

This is a little tricky, have the tenants confirmed that the leak has been repaired several times? If so this could be seen as the landlord rectifying the problem, therefore your parents insurance company couldn't persue the owner for costs. To do this they would need to know the landlord knew of the problem but didn't bother attempting to rectify it.

Have your parents asked the tenants for their landlords postal address, as tenants it is something they are entitled to know, therefore if they are happy to do it they could pass the details onto your parents.

Its not good the tenants telling the agents about a leak, they need to inform their landlord in writing.

Halle71

I'll be watching this thread as we have had a similar problem albeit we are in a privately owned house and the leak in question is from a rented flat next door. The first time it was because they hadn't cleared the gutter and water was constantly running down our wall causing damp and mould in two rooms. We got no where with the owner or managing agent but, as we wanted them to sign a party wall agreement for our loft and were having work done anyway, we swallowed the cost of replastering and decorating.
The second time was a big damp patch on the wall halfway up our stairs and adjacent to their shower cubicle. We dealt with the managing agents who steadfastly refused the flat was to blame despite it being an inside wall and us having no water within metres. Our plumber was allowed entry and confirmed the shower was leaking but they still denied responsibility, telling us to claim on our household insurance. Why should we? And hardly worth it with the excess. I was 8 months pregnant and we were having the house decorated so I gave up and again we swallowed the cost.
The painter said the wall still felt dodgy and used special paint so we are waiting for it to come through again.
What legal right do I have?
How can we prove what we know to be the cause?

Sorry for the hijack OP.

sramdeen

Thanks for the reply, GwylimT

I will ask the current tenants to see if they have been told by the MA that the problem has been permanently fixed. Even if they tell us that they have, presumably there won't be anything in writing, so is this information still of any use?

I will see if the tenants are willing to ask the agents for the landlords address next time I visit my parents. I suspect I know what the answer will be, but I may be pleasantly surprised!

Is it normal procedure for a home insurer to pursue the faulty party for costs following a claim? I did not know that.

Thank you again.

Halle71 - no problem. Sounds like a nightmare

BobQ

I would speak to your local Councillor. If the Council are not willing to take steps ti secure their property and prevent damage arising from damp etc they need a kick.

Its the Council that should be insuring the buildings against damage

Its the job of your parent's insurers to cover damage caused by unexpected events to their contents. Now that you know that the water ingress is happening the contents insurer will expect the owner to make the property protected from water leakage. Its not your parents job to chase private landlord of an adjacent property.

roger196

sramdeen wrote: »

* We have never met or seen the owner of the property. After paying the land registry, I was able to obtain his name and the mortgage lender details but the listed address is for the property he rents out, not his correspondence address. The mortgage lender (The Mortgage Business PLC) was closed down to new business by HBOS in 2008 and so contacting them in order to try and contact the owner is proving to be difficult. .

If he is still using the rented property address, there is a possibilty that he has not got permission to let the property. This may give you some leverage.

If your parents are prepared to go down the legal route, you could try serving the papers at his only known address with a copy to the agents.

G_M

There are two issues:

1) damage to your parents property, for which they can make claims against the neighbour
2) damage to the property, for which the council can make claims against the neighbour

For 2) you need the council: write to the housing dept (yes a letter) with full details, history etc. Also get your councillor involved

For 1) again, use letters to put the full history in writing to the agents. If you can persuade the tenants to find out who the landlord is, all the better- he may have noidea his agents are not fixing his property properly!

The Landlord & Tenant Act 1985 says:

1 Disclosure of landlord’s identity.

(1)If the tenant of premises occupied as a dwelling makes a written request for the landlord’s name and address to—

(a)any person who demands, or the last person who received, rent payable under the tenancy, or

(b)any other person for the time being acting as agent for the landlord, in relation to the tenancy,

that person shall supply the tenant with a written statement of the landlord’s name and address within the period of 21 days beginning with the day on which he receives the request.

(2)A person who, without reasonable excuse, fails to comply with subsection (1) commits a summary offence and is liable on conviction to a fine not exceeding level 4 on the standard scale.

But the tenants have to write and ask.

Another way to find the owner of the property is to pay £3 to the Land Registry here.

dancingfairy

If your parents rent through the council then it is up to the council to get it sorted with the neighbours.
Your parents should put everything in writing and complain to the council. You can escalate it to the chief executive if nothing gets done.
df

sramdeen

Happy new year to everyone. I am going to write a physical letter to the council and see what they have to say.

Will let you know how things progress! Thanks for the guidance.

sk78_2

sramdeen wrote: »

Happy new year to everyone. I am going to write a physical letter to the council and see what they have to say.

Will let you know how things progress! Thanks for the guidance.

The leak from the neighboring property is clearly a statutory nuisance in accordance with Part 3 of the Environmental Protection Act 1990. Contact your environmental health officer at your local council. They are under a duty to investigate - the likelihood is that after their investigations, they will ask the neighbouring owner to abate the nuisance. If the owner fails to carry out the works, the Council has the power to carry out the works and place a charge on the property.