Neighbour caused damage to my bathroom

Madmel24

Hi, 

I live in a terraced house and my neighbour decided to do a kitchen extension.  We employed a Party Wall Surveryor.  Our bathroom tiles have become loose on the party wall side due to all the banging etc of next door.  relations with us and the neighbours aren't great so we asked our Party Wall Surveyor to intervene and we sent her estimates which she then passed onto our neighbour.  My question is that the party wall surveyor are not only acting on ours and the neighbour the other side of the property doing the work but she also acts for the neighbour doing the work - isn't this a conflict of interest???? if so is there an ombudsman we can go to as i feel she drags her heels and doesn't respond to emails.  last communication was me phoning her on the 24 th of Feb and i have emailed again today
This has been ongoing since last year and still not resolved.
would be grateful for advice please

GDB2222

The PWA surveyor is meant to act impartially for both of you. There's no conflict of interest. 

You could have had your own PWA surveyor, and the neighbours their own one, but the two surveyors might not have agreed. Anyway, you agreed to have a single joint surveyor, and that's where you are.

As to the bathroom tiles, for goodness sake get them fixed or replaced. The last thing anyone wants is a nasty accident from a falling tile. Your neighbour is probably responsible for the cost, but in any case you need to get the job done ASAP. It's not as if you can live with a dangerous situation if your neighbour refuses to pay.

You say that you have obtained estimates that the PWA surveyor has passed on to your neighbours. I suggest that you instruct one of the firms to proceed, but give everyone notice that you are about to do so. 

Bendy_House

I wouldn't remove them until the PWAS has seen them and agreed on the likely cause. All noted down.

And lots of photos.

The surveyor does seem lax. Perhaps time to give them a deadline to respond, or you'll escalate this to their ombudsman (I presume that's what they have...).

DRP

You need to start the small claims process in my opinion.

If the PWS has been involved and agrees neighbour's work has damaged your bathroom, then you ought to have a strong case.