Party wall act council vs private

melanzana

This seems to me to be quite bizarre behaviour on behalf of neighbour. They seem to have refused repairs even when the Council offered to do them.

I am going to suggest something very delicately. Would there be any chance of dementia or mental health issues with the neighbour? But even if there are, I don't know who would get involved to help them out. I don't live in the UK.

On another note, is there any possibility of applying for a transfer from you current council property to another one within the same Council area? I don't know on what grounds you could apply, or if such a transfer system exists.

allen169

G_M wrote: »

Can we be clear: where exactly is the disrepair?

If it is your property, or the Party Wall, or your side of the chimney, then your landlord has a duty to repair. If that involves forcing the neighbour to cooperate, so be it.

If the disrepair is soley the neighbour's property, then neither you nor you landlord can force the neighbour to repair his property.

however:


This is a shared chimney, so the council, your landlord, must maintain it.

If it were just 'missing brickwork' on the neighbour's side of the chimney, then arguably it is down to him. But since "the shared chimney stack to the property is leaning " then clearly your landlord's chimney is in a state of disrepair and they must fix it under the Act.

Thank-you for your reply,

OK, just to clarify this. The chimney stack is shared between mine (council) and neighbour (ex council)

The damage to the chimney is missing pointing to both sides, a loose and leaning pot on the neighbours side, damage to the launching a on my side and no flaunching on neighbours side due to years of no maintenance. A lean on the chimney stack, leaning towards the neighbour.

Upstairs rooms below the chimney stack in our own property,below the chimney stack, have blown plaster on the walls as well as brown staining to the plaster. Council says that as this hasn't got any worse, then to just keep an eye on it.

Council also saying that as the majority of the damage is on neighbours side of the chimney, there is nothing they can do as its all its and buts. Neighbour won't allow access to his side for them to view, or access with scaffolding that may infringe on his land / roof.

G_M

There's not much I can add that is not repetition.

Your stack is leaning. (plus soe other issues). It requires repair. A landlord has a duty to maintain a let property in a good state of repair.

Continue to put pressure on the landlord, in writing, via whatever complaints/appeals processes they have, quoting the leglislation.

You might also contact your local Councilor.

allen169

G_M wrote: »

There's not much I can add that is not repetition.

Your stack is leaning. (plus soe other issues). It requires repair. A landlord has a duty to maintain a let property in a good state of repair.

Continue to put pressure on the landlord, in writing, via whatever complaints/appeals processes they have, quoting the leglislation.

You might also contact your local Councilor.

Thanks for this, I'm a little confused however that the landlord is stating they aren't responsible for the damage to the side of the chimney that is my neighbours. Are they correct with this. Or just trying to get me to back down. Surely if the chimney is shared, damage to the stack, no matter which part, should be repaired by the landlord as the stack forms part of their property, and as such, asset.

G_M

As I said in post 9 above:

If it were just 'missing brickwork' on the neighbour's side of the chimney, then arguably it is down to him. But since "the shared chimney stack to the property is leaning " then clearly your landlord's chimney is in a state of disrepair and they must fix it under the Act.

Like I said, not much to add that is not repetition!

allen169

G_M wrote: »

As I said in post 9 above:



Like I said, not much to add that is not repetition!

Thanks for this. I have arranged for an independent survey to be done on the stack. I will then take this further with the council. As before however. They seem fairly adamant that they won't be doing anyvrepairs.