Dispute with Neighbour - Leaking Roof

Notloba

I am currently having an issue with my neighbour and any advice would be greatly appreciated.

In September/October 2017 we built an extension on the back of our property. During the construction, before getting all the felt and slates on, we had a downpour that allowed some rain past the temporary weatherproofing and caused a leak in next door's property. This caused some damage to their decor that we refunded them for (as well as for a roofer to come and fix make it all watertight). We then had a joiner come up and construct the box gutter between the properties and a roofer line the box gutter with lead and install the slates. This was the last we heard of this issue.

Fast forward to a few weeks ago, we noticed a damp patch in our property below where the box gutter meets the valleys. After investigating the roof and knocking a hole at the top of our wall to see where the water was coming in, I found that the rain was getting under the slates on the valley of next door's property. Next door's roof has had no maintenance done for 40 years and the slate edges had pointing that had crumbled away (which is where the rain was getting in). In order to stop the water damage, I went round to next door and offered to repoint the slates to temporarily stop the water ingress and that she should get a roofer in to fix it all properly. They were happy for me to do this and this completely stopped the water ingress and my damp dried out almost straight away. We have had heavy rain since and no water ingress.

However, we then received a letter through our door this week stating that they had arranged a roofer to come and look at their roof as suggested and they wrote a report stating that the box gutter was poorly installed and inadequately sized. They also said they were experiencing damp issues on their side (which is the first they'd told me, even though I'd been round). As such they are raising a dispute and if we didn't reply in 7 days would be taking legal action.

I'm not sure where we stand with this? We had everything done by professionals (and have receipts and a 5 year guarantee on the box gutter lead work and slating) and it was all checked and signed off by building control in 2017. There have been no concerns raised with ourselves since this date. The leak I found has now been fixed and it was nothing to do with the box guttering so I can't claim on the guarantee as the box guttering work (or my roof) hasn't failed, same with insurance. I've spoken to the neighbour who is worried that the box gutter will cause future issues and is suggesting getting an independent surveyor to have a look at it.

My biggest issue is that my property is up for sale (which is why they've brought it up now as a dispute) so I need it resolved or won't be able to sell. However, I can't really afford to have the box gutter redone and can't claim on insurance or the guarantee as it hasn't actually leaked.

Sorry for the long read, any assistance would be extremely appreciated.

cooltt

Notloba wrote: »

I am currently having an issue with my neighbour and any advice would be greatly appreciated.

However, we then received a letter through our door this week stating that they had arranged a roofer to come and look at their roof as suggested and they wrote a report stating that the box gutter was poorly installed and inadequately sized. They also said they were experiencing damp issues on their side (which is the first they'd told me, even though I'd been round). As such they are raising a dispute and if we didn't reply in 7 days would be taking legal action.

I'm not sure where we stand with this? We had everything done by professionals (and have receipts and a 5 year guarantee on the box gutter lead work and slating) and it was all checked and signed off by building control in 2017. There have been no concerns raised with ourselves since this date. The leak I found has now been fixed and it was nothing to do with the box guttering so I can't claim on the guarantee as the box guttering work (or my roof) hasn't failed, same with insurance. I've spoken to the neighbour who is worried that the box gutter will cause future issues and is suggesting getting an independent surveyor to have a look at it.

My biggest issue is that my property is up for sale (which is why they've brought it up now as a dispute) so I need it resolved or won't be able to sell. However, I can't really afford to have the box gutter redone and can't claim on insurance or the guarantee as it hasn't actually leaked.

Sorry for the long read, any assistance would be extremely appreciated.

Hi there, so first of all you're not really in dispute, your neighbour has had some cowboy round to inspect the guttering and they want you to pay a hefty repair bill for their entire roof more like. The 7 day legal action is just a pressure tactic, ignore it, you're entitled to try remedy the situation first and bring in (as you've mentioned) an independent person to assess what's happening and why.

What you need to establish is the cause of the continued leak on your neighbours side. I would suggest it has nothing to do with the work you've had done but it would demonstrate willingness to resolve by doing what you've suggested, bring in an independent and go from there. You would only be in dispute if you ignored the situation or refused to cooperate.

Notloba

Hi, I'm generally on reasonably good terms with my neighbour (who is quite elderly) but it's her daughter that's sending the threatening letters. I'm having a meeting/chat with the daughter tomorrow.

I'm not sure where I stand if an independent surveyor says the work (box gutter) is inadequate, even though it isn't the cause of the leak though?

Thanks

grumbler

Notloba wrote: »

...slate edges had pointing that had crumbled away (which is where the rain was getting in). In order to stop the water damage, I went round to next door and offered to repoint the slates to temporarily stop the water ingress and that she should get a roofer in to fix it all properly.

What do you mean by "properly" as against repointing?

However, we then received a letter through our door this week stating that they had arranged a roofer to come and look at their roof as suggested and they wrote a report stating that the box gutter was poorly installed and inadequately sized.

Sounds pretty feasible to me. The fact that there was no leaks for two years doesn't prove that it was done correctly. Building control could have easily missed this.
At least, this is worth checking again independently.

Doozergirl

Talk to that independent surveyor.

Always be polite with these people and don't get confrontational in any way, but go through what you've done and explain, just like you have with us, where this new issue started.

You're going to have to trust them but you must give them every bit of information that you possibly can and show them where you knocked into the wall to investigate.

If there is something wrong with the box gutter then you have a guarantee at least.

Notloba

grumbler wrote: »

What do you mean by "properly" as against repointing?

Sounds pretty feasible to me. The fact that there was no leaks for two years doesn't prove that it was done correctly. Building control could have easily missed this.
At least, this is worth checking again independently.

"Properly" as in check over their entire roof (deteriorated felt, poor condition lead etc). I only fixed the immediate issue of water getting in. If it's found to be done incorrectly then what? Everything's been signed off and isn't leaking so insurance won't help I wouldn't have thought? And the joiner isn't going to want to come back.

Doozergirl wrote: »

Talk to that independent surveyor.

Always be polite with these people and don't get confrontational in any way, but go through what you've done and explain, just like you have with us, where this new issue started.

You're going to have to trust them but you must give them every bit of information that you possibly can and show them where you knocked into the wall to investigate.

If there is something wrong with the box gutter then you have a guarantee at least.

The issue is, the joiner built the box gutter (the timber part) so the size was down to him and the roofer lined it with lead and slated it in. So the roofer's guarantee would only cover the lead work and not if the gutter wasn't the correct size.

Mistral001

Doozergirl wrote: »

Talk to that independent surveyor.

Always be polite with these people and don't get confrontational in any way, but go through what you've done and explain, just like you have with us, where this new issue started.

You're going to have to trust them but you must give them every bit of information that you possibly can and show them where you knocked into the wall to investigate.

If there is something wrong with the box gutter then you have a guarantee at least.

This is what you should do.

Note the neighbours have a report questioning the design of the gutter, namely its size. Remember to include the design of the gutter as part of the surveyor's brief.