Water damage to wall by neighbours pipe leak

JG54

Hi
i have posted a while ago about a possible damp/ pipe leak problem causing damage to my ground floor wall. After having numerous specialist  inspecting the outside of the house. specialist found no leaks in our pipes, heating system or external drainage

- specialist also looked at Neighbours (who is just renting the house) water meter and it was spinning whilst his house was empty. When neighbour came back we also asked if she could make sure there are no tabs or washing machine on, when i looked at their water meter it was still spinning. So leak very likely on his side of property, which would be his responsibility

-we contacted the landlord explained where the water damage is in our house, which is opposite to neighbour’s kitchen. Also the leak is likely to be under ground /floor, since there are no visible water damage in his property.

- explained our specialist said the discolouration of the bricks between source of our damp area and his house is a tell tale sign of leak from his side.

- explained there's nothing i can do if it's side of property

- explained the water damage is quite extensive and had quotes that afe expensive to repair, so if assuming he had landlord insurance it could be covered - Landlord responded by saying that any claims can only be discussed after he's had some people assess the damage or issue 

Can someone advise how we can proof that the damage to my property is cause by my neighbours pipe work to which I don’t have access to? 

There is no point in fixing my wall if he does not fix his leak assuming it is a leak from their side. 

The houses in my road are all semi detached and my neighbours house is not attached to my house but the house next to mine ( their side entrance door facing ours). Our drains go down the same direction to a share manhole outside our front door. 

I am seeking your advice on how to progress or what I should do to get the neighbour to cooperate with me in an amicable way without having to resort in small claims court.

ashe

If there is a leak and they haven't been negligible, it's your insurance that would pay for the damage, not theirs. Their insurance, if they have the cover, would cover any damage to their property and resolution of the leak itself. 

FaceHead

So he's said he needs to assess the damage/situation. Seems sensible. I think you respond and say thanks for responding positively and promptly....give them say 4 weeks to assess the situation and then you'd like to talk about how to remedy it. 

As Ashe says, if they haven't be negligent, they aren't responsible for the damage to your property. However, damage after you've brought it to their attention would then be negligent. 

The running order should be that they fix the leak, and then you fix the damage your house - potentially through insurance claim.  

Bendy_House

Easy. You call up the Legal Protection helpline on your house insurance, and let them guide you.

They will want to know, amongst other things, when you first made contact with the neighbour to suggest the leak could be from their side; when were you first told that this was likely the case, and when did you then let the neighbour know of this likely cause?

As said above, if this leak was not due to negligence by the neighbour, then your side will be fixed by your insurance, and his side will be fixed by whatever means they choose - deep pockets or their insurance.

However, even if the cause was not negligence, but they failed to address the issue when advised of it, they could find themselves in a situation where your insurance might try and seek some recompense from theirs. But, that will have nothing to do with you.

Section62

JG54 said:

- specialist also looked at Neighbours (who is just renting the house) water meter and it was spinning whilst his house was empty. When neighbour came back we also asked if she could make sure there are no tabs or washing machine on, when i looked at their water meter it was still spinning. So leak very likely on his side of property, which would be his responsibility

This - by itself - isn't proof of anything.  The landlord would need to ensure every water-using appliance is isolated and then check the meter. Just turning off taps and the washing machine isn't enough.  For example, the spinning meter could be due to a cold water storage tank in the loft refilling.  Or, possibly even a connection from their water supply into the neighbouring property.

Water meters typically only spin when a significant amount of water is flowing through them.  If the spinning is due to a leak, it is a big leak and in my experience that level of leakage is likely to be very obvious - e.g. surface flooding or astronomic bills.

JG54 said:

- explained our specialist said the discolouration of the bricks between source of our damp area and his house is a tell tale sign of leak from his side.

Could you explain this a bit more. Perhaps with some pictures?  Bricks discolour for all kinds of reasons, I've not heard of this being a 'tell tale' for a plumbing leak, far less the direction the leak is coming from, unless there is something very specific about the pattern of discolouration?

The usual test for leakage through the ground is to dig a small hole and collect a sample of water.  If the sample tests positive for chemicals added to the local tap water then it is highly indicative of the source being a plumbing leak.  The presence of human feacal coliforms is indicative of foul drainage leakage.  Did the specialist(s) do anything like this?

47Revisited

You can't take someone to court on assumption. What specialist did you employ. How did they determine that the water damage is not emulating from your property.

Did they do dye tests. Did they check for guttering problems. 

sevenhills

JG54 said:

Hi
i have posted a while ago about a possible damp/ pipe leak problem causing damage to my ground floor wall. After having numerous specialist  inspecting the outside of the house. specialist found no leaks in our pipes, heating system or external drainage

- specialist also looked at Neighbours (who is just renting the house) water meter and it was spinning whilst his house was empty. When neighbour came back we also asked if she could make sure there are no tabs or washing machine on, when i looked at their water meter it was still spinning. So leak very likely on his side of property, which would be his responsibility

-we contacted the landlord explained where the water damage is in our house, which is opposite to neighbour’s kitchen. Also the leak is likely to be under ground /floor, since there are no visible water damage in his property.

I don't see how a neighbours leaking pipework affecting the ground can affect your property.

Surely the ground is always wet, more so when it rains. Your dampproof course should stop the water from seeping up your walls. Did the specialist mention this?

NSG666

Has the landlord done anything to detect a leak yet?

It sounds like the water meter for your neighbour is external and the neighbour is reasonable. If the neighbour was to turn off the stop tap inside the house and the meter was still spinning then there's a fair chance there's a leak between the meter and the stop tap unless the meter is for a shared supply and someone else is drawing off water.

If it is the pipe between an external meter and the internal stop tap then, although it's the landlord's responsibility, the local Water Authority often offer a free repair service up to the point the pipe enters the building. Landlords love 'free' so they might be more inclined to get it investigated sooner rather than later.