Property damage/ neighbour dispute

Duvaljones

Hi

We bought our house just under a year ago, knowing that our flat roof would need replacing within the year, as it was causing a damp patch in the corner of one of our upstairs rooms. This we did in May of this year, with the work carried out by professional roofers and the work inspected and certified by the council building control inspector - and we were very happy with the standard of the work. Hey presto, the damp patch dried up and we painted over it.

Then after a month or so, the damp came back. Our roofer came back to make sure none of his work had been damaged. Having taken photos of the work on the day it was completed, I compared them with how the roof now looked and there was no difference. The roofer did point out that the state of our neighbour's roof (we're terraced) was terrible and that the water was more than likely to be getting in through the holes in her felt, where it had worn away from the chimney stack we share.

Long story short, after months of asking them to do something about it, the neighbours got what I can only describe as an eastern european cowboy in (plus one ladder and a mate - compared to our roofers team of 4 and full scaffolding, front and back - the cheapest quote, no doubt) to replace the roof. two days later, the damp patch worsened and a brand new patch appeared in my new born baby's room, a patch which has now increased from the size of a 50p piece to a patch 1.5m x 1m.

The council have confirmed no inspection was applied for (and also confirmed it should have been) and, now that they've received the relevant photos and work details, they've confirmed the roof contravenes regulations 'in several ways' and so they won't certify it.

The neighbour has consistently stalled on getting anything done and when I speak to her, she just makes excuses or insists that her roof is not to blame.

I'm now at the end of my patience, brought on by my refusal to let my now 7 month-old daughter sleep in a room with damp and black mould (which we treat every few days). Legal action was the last thing I wanted, primarily because of the sheer cost, but I just feel like I'm being mugged and I can't fight back.

Phrases like 'right of support and protection' and 'tort of negligence' have been mentioned to me by the Citizens Advice Bureau, and they suggested the law was on my side.

So, before I start talking to solicitors, can anyone offer me a last resort? All efforts at getting my neighbour to take her property ownership responsibilities seriously have ultimately failed.

Many thanks

lonestar1

Do you have insurance ? claim on it and let them go after neighbours or use any legal cover included with your insurance

davidmcn

lonestar1 wrote: »

Do you have insurance ? claim on it and let them go after neighbours or use any legal cover included with your insurance

Legal cover may be useful, but otherwise I doubt that deterioration of your neighbour's property is an insured risk.

I_have_spoken

Probably falls under party wall legislation if the chimney stack is shared. Also neighbour has a general duty of care.

You could go with a 'no win, no fee' type lawyer, the problem is likely to be the neighbour has no £s to correct the problem even in you win. Claiming on your insurance could be the only option.

Duvaljones

Thanks for the replies so far.

Unfortunately my insurance only covers storm damage to my roof, it won't cover damage caused in any other way.

The solicitor search begins in earnest tomorrow, then I'll give the neighbour one last chance to accept responsibility. Although even if she does, I don't think it will make her do anything with any urgency. As for ££'s, her 3 daughters deal with things for her as she's elderly, and they all pull-up in the latest BMWs and Audis, so I don't think lack of funds could be a feasible excuse.

Thanks again.

Okydoky25

But do you have legal cover on your insurance?

kinger101

Duvaljones wrote: »

Hi
Long story short, after months of asking them to do something about it, the neighbours got what I can only describe as an eastern european cowboy

It would be better in future if you didn't make assertions about the quality of the work based on nationality. The only thing that is relevant is that the work was substandard.

Duvaljones

kinger101 wrote: »

It would be better in future if you didn't make assertions about the quality of the work based on nationality. The only thing that is relevant is that the work was substandard.

Fair comment - it just frustrated me to speak to someone (I asked that my number be passed to him so we could discuss his work) who couldn't really understand me and whose grasp of English was basic at best. As for the standard of work, I think contravening building regulations numerously, leaving half his materials in his client's garden (still there now, months on from the work being done) and insisting he didn't have to arrange an inspection because 'it's only a flat roof' speak for themselves.

lisyloo

So she has 3 daughters with nice cars (maybe their husbands company cars) and from this your judging the mothers finances?
Good luck with it but reading what you've written has some weird logical leaps.

Duvaljones

Okydoky25 wrote: »

But do you have legal cover on your insurance?

Not that I can see on the insurance schedule, no.

lisyloo

Sounds like it's down to you to finance the legal action then unless you can get a conditional fee agreement?