Chimney woes

wazza99

Hi folks, picture attached shows state of the neighbours side of chimney stack on a terraced property. Our house is to right. The occupiers rent from a private landlord. They have reported issue a few times they say but no signs of any repairs forthcoming. We were going to write to the landlord ourselves but having done a land registry search the legal owner is registered at the house but doesn't live there, so we have no address to write to (the tenants wont forward it on) i'm not even sure they know the landlords current address.

We did have a surveyor round (potential house sale) and they we're very concerned about the state, describing it as unsafe, not just of poor repair. Do you think it would support a report to the unsafe buildings dept at the council ? or any suggestions how we notify the building owner ?

The surveyor also suggested if the pot was to fall/collapse, yes it would probably go onto their property but could damage our house.



 

Bendy_House

I don't know the correct procedure, Wazza, but that chimney clearly does need repairing in the foreseeable future - the bricks on the neighb's side have moved significantly, and with more Arwens very likely, this could be messy.

I think that I read on here that a LL must be contactable by the tenant, at least, but you suspect they might not be willing to do this? Or might not even know where they are? But you also say that they have reported this issue a few times?

I don't you have anything to lose by just going in with both feet; ie contact the LA and ask their advice, and also contact your insurance company - I think you should warn them of this possible issue, because a claim after the stack has fallen will be a lot greater. And if you 'knew' about the state of the stack and did 'nothing', then, well, you know...

Hopefully either or both will then make contact with the LL, either via the tenants or perhaps the LA already has this info?

Do you have LP on your insurance? You could use their advice to also 'put the LL on notice' that they have been made aware of the issue, and will therefore likely carry more responsibility if they don't act with you to sort it. But, follow the LP's guidance.

wazza99

Its hard to convey politely  but the tenants just don't really care, i think if we wrote to the owner they would just bin the letter as she doesn't live next door, they really wouldn't forward it on. Relying on the tenants to relay anything to the landlord just wont happen. The house is in very poor condition and the landlord seems absent in all respects.

Ill ask them directly if they have a correct address for her, check my insurance for Legal cover and speak with the local buildings team, thanks for the reply.

NSG666

Try

Report a dangerous building or structure - GOV.UK (www.gov.uk)

wazza99

NSG666 said:

Try

Report a dangerous building or structure - GOV.UK (www.gov.uk)

Yes we did/are considering that route, would you agree/disagree it qualifies ? (your opinion ofc)

Bendy_House

I think I'd seek advice from the LA first.

And do LA's have a register of LLs in their area? I don't know.

NSG666

As Bendy says, let them decide if it's dangerous but it it comes down and hits someone they'll be lucky to escape with a headache. The landlord will not be able to plead ignorance if he's been made aware.

wazza99

Been round to see tenants, they say landlord has been and inspected chimney "recently" and in her opinion its fine ! they will not disclose her address, they just say they will speak with her again, which i doubt.

Bendy_House

It ain't going to fall down this year. Or next. Probably not the following year either.

But, it's gonna come down at some point.

When it does, it'll likely do quite a bit of damage. And the thing is, it's in poor condition, and is suffering from a lack of maintenance.

I'd suggest, that's your lever - you are advising the owner that the stack has significant gaps forming in it. It is clearly weakened. You have shown them the photographic evidence. If they then fail to act, and the worst happens, they have some responsibility, I'd suggest 'significant', and their insurance could also potentially not cover this - if they are informed. Every policy asks a simple Q - "Is your house in a good state of repair?". The answer here is 'No'. They might try and plead ignorance, but once you inform them, they can no longer do this.

The tenants are pawns in all this - they can plead ignorance, and you also have no idea if they are passing on these messages.

Ask your LP how to proceed. Your insurance will want to know in any case...

You have the name(s) of the owners? Do some research.

And contact the LA.

They should be willing to act on this; after all, you are willing to go halves.

wazza99

Thanks just drafting a letter now to the owner, as you say we can "find" her address via online sources i think.
We will speak with the council tomorrow as well.

Do you really think we would be liable for half cost repairs ? when the damage is clearly their side ?

I guess this applies
There are two scenarios to keep in mind: if general remedial work is required, each owner will be responsible for the part which is within their curtilage; and. if the stack needs to be rebuilt, the cost will be joint, because it's impossible to rebuild only half of it

Bendy_House

I don't know, wazza. I'd just assumed you'd be having the whole stack rebuilt.

Tbh, I'm not sure I'd be that concerned if it was only the neighb's half wot needed work. It's extremely unlikely to come down in years.

But, of course, it could

I don't see it being a hurdle when it comes to selling - it's just one of these issues that's normal to have to sort out for a semi; you just worry about your own side. You either ignore it until the stack comes down, or you pursue the owner to have it sorted, or whatevs.

As soon as you put the owner on notice of the issue, then they need to take the responsibility. I don't think I'd lose sleep over it (unless my bedroom was under it...)