Neighbour's Chimney Breast removal

paddy's_mum

Still got no heating as we move into autumn!

I think you are being too calm and too polite and too willing to avoid offending the neighbour.

I'd be seeking a good solicitor with a definite aim of taking legal action against the neighbour.

You want the damage corrected for your own perfectly sensible reasons, and I don't believe there is a loss adjuster, solicitor, insurance company, reasonable adult or county court judge in the land who would think that months after the original damage, you and your family are supposed to shiver through the oncoming winter without protest or recourse!

Good luck.

teneighty

Why have the flues halved in size?

Unky_Al

teneighty wrote: »

Why have the flues halved in size?

It's halved due to him building into the flue when he bricked up their wall. I'll try and post a pic later if I can.

teneighty

Unky_Al wrote: »

It's halved due to him building into the flue when he bricked up their wall. I'll try and post a pic later if I can.

So the remedy is very simple. Reinstate your flues and make good all damage.

Unky_Al

teneighty wrote: »

So the remedy is very simple. Reinstate your flues and make good all damage.

Easier said than done. This has been going on since May and the neighbours are burying their heads in the sand and aren't interested as they have got what they wanted (flat wall) and have decorated. We have told them that the builder isn't covered for the remedial work to put it right so it's down to them, but like I said they're not interested and are still blaming the builder.

teneighty

The neighbours are burying their heads in the sand because you have let them.

You need to enforce your rights. Just because the neighbour ignored the Party Wall Act does not in anyway rescind your rights. It just means you have to take charge and possibly incur some expense out of your own pocket to employ a professional and possibly instigate legal proceedings against them.

Sounds like a clear cut case that you would win easily and recover all you legal expenses plus damages.

FreeBear

teneighty wrote: »

The neighbours are burying their heads in the sand because you have let them.

And as the neighbours contracted the work to the builders, they are ultimately responsible. Don't waste time chasing the builders, it is the neighbours that should be putting the problem right - i.e. Your flues should be returned to the same size as they were before the builders made a pigs ear of it.

paddy's_mum

Dear Mr and Mrs Plonker.

I am sorry that no real progress has been made with reinstating the damage done to my chimney and flue by your contracted builder (Messrs Bodgeit and Leggett) in May 2018.

I have waited patiently for the issue to be resolved by you or your insurers. However, with winter approaching, I do not see why my home should continue to be disadvantaged in this way nor my family denied the basic right of warmth.

Accordingly, I am writing to let you know that I am now seeking formal legal advice. I fully expect such advice will be closely followed by an action against you in the Courts, where I shall be seeking both damages and costs against you.

In an effort to resolve this issue with the least upset to both families/properties, I am happy to allow 14 days from the date of this letter for a formal response. However, I must also warn you that if no such response is forthcoming, I shall have no hesitation in instigating proceedings forthwith and with no further reference to yourselves.

Yours faithfully

Job Smith

Unky_Al

@teneighty, I think you are probably right, I've been to patient in waiting for the insurance to sort it so it is time to step it up a gear so regardless whether or not the Insurance play ball and fund the central heating I would still like working chimneys.

@paddy's mum, thanks for the letter

teneighty

Unky_Al wrote: »

@teneighty, I think you are probably right, I've been to patient in waiting for the insurance to sort it so it is time to step it up a gear so regardless whether or not the Insurance play ball and fund the central heating I would still like working chimneys.

@paddy's mum, thanks for the letter

I don't think you can claim for the central heating and the remedial work to the flues. As I see it the offer of central heating was compensation for the loss of the flues.

You can try to reinstate the flues at your own cost later but I suspect that will be extremely difficult if they have been partially bricked up from next door, especially without causing damage to next doors nice new walls.