Neighbors underfloor leak causing damage and yet we are unable to get hold of the owner

rlhope81

We bought our house over 2 years ago as first time buyers. A lovely terraced cottage.
In March 2017 strong winds blow down the fence on the left between us and our neighbours, my research tells me this is the neighbours responsibility to replace. We found out the occupants are tenants and were given a number to call. We spoke to the landlord who initially engaged but has since ignored any attempt to get hold of him. The fence is still broken, as in 6 out of 8 panels are missing and we are now contemplating the expense of fixing to secure our property.

In October 2017 we discovered some damp in the corner of our living room/corner of dining room which was on the connecting wall with the same neighbour. Wanting to right this we paid a specialist to fix it as it was deemed rising damp and didn't want it to get worse. In March 2018 further damp was found along a further section of our living room wall. Again we fixed this, again at great expense. Both sets of damp are on the same connecting wall with our neighbour.

Upon deciding to upgrade our flooring from laminate to wood, we discovered the floor boards and joists of the original floor were also damp and in need of replacement before any work could begin. Taking these up we have discovered a leak from our neighbours house in 2 corners of our living room which has clearly been causing the damage. We have photos and video evidence however once again we are unable to contact the landlord and the neighbours are ignoring our requests for assistance.

The council have said they can't help as it's a private landlord, our insurers have said if the wood was rotten it's not covered, what do I do next? I will be contacting a solicitor which will no doubt be costly but I currently have no living room as it has no floor, I am 6 months pregnancy and unsure what to do. I don't want to plug a leak which will only cause longer term problems but we are unable to access the original leak to stop the route cause I really am at a loss.

Any advice/guidance will be gratefully received so that I can get my house back in order before the baby arrives.

Many thanks and sorry for the long essay.

Rachel

Browntoa

Do you have legal protection policy attached to your building or content insurance . Use them to take legal action

If not then send the landlord a Letter before action telling them to remedy by XXX date , tell them that you will be chasing them for the cost of your repair.

davidmcn

Why are you unable to contact the landlord? What attempts have you made to trace them so far?

HampshireH

Have you spoken to your neighbours? If it's this bad in your house they must also be experiencing problems?

Have you spoken to them about the leak and asked them to investigate?

I appreciate they don't own the house but they may be more helpful

bouicca21

You need to explain to the insurers that you are claiming for consequential damage.

moneyistooshorttomention

HampshireH wrote: »

Have you spoken to your neighbours? If it's this bad in your house they must also be experiencing problems?

Have you spoken to them about the leak and asked them to investigate?

I appreciate they don't own the house but they may be more helpful

With a mention thrown in of what effect it could have on the house they are living in - ie dampness causing this/that/the other health hazard for THEM personally if this problem is just left to fester.

They've got 2 practicable options then:
- put pressure on their landlord to sort it, so that their personal health doesnt start suffering somewhere along the lines

OR

- move on in order to safeguard themselves and you then tell the next tenants and they move on in order to safeguard themselves and so on ad infinitum until such time as the landlord/lady gets fed-up with the constant turnover of tenants and might do something about it in order to stop this turnover.

rtho782

The fence issue is irrelevant, the deeds might show ownership of the fence but there is no requirement for a fence to be there, or for the boundary to be marked at all. If they won't replace the fence and you want a fence you will need to put one up yourself (on your side of their fence, in effect costing you a couple of inches of garden).

The other stuff, you likely need to take the owner to court for it seems.