Elderly relative's neighbours have disconnected her water tank

Lornski

Hello,
My 83 year old mother in law lives in a 4 in a block (Scottish ex local authority housing). The neighbours decided to floor their loft at the weekend and have disconnected and discarded the water tank which supplies my mother-in-law's bathroom. She does have water in her kitchen. She called Scottish Water when she realised she had no water and they discovered what had happened. Both the council and Scottish Water have said it's a private matter. The neighbours know what has happened and haven't approached her, last interaction with them was when they told her to F*** off because she asked them to stop throwing lit cigarettes out of their upstairs windows. As you can imagine, she is beside herself with worry and since she has heart failure I'm really concerned.
I am guessing it's only a lawyer who can sort this out? 
I'd be so grateful for any advice.
Many thanks.

GDB2222

Good gracious! What dreadful neighbours. 

A lawyer might sort this out for her, but it could take a long time, and it would be expensive.  Anything to do with the law has an element of uncertainty, and she might not win.

The alternative might be to convert her water system to run directly from the mains. This would also be expensive, but it would be quicker, and a plumber could say how feasible it is before starting work. The job would probably involve running new pipes in the flat and changing the hot water cylinder. 

Andy_L

Was your MiL's water thank in her loft or theirs?

Have they "annexed" part of her loft because there's no wall in the loft between the 2 properties?

Lornski

GDB2222 said:

Good gracious! What dreadful neighbours. 

A lawyer might sort this out for her, but it could take a long time, and it would be expensive.  Anything to do with the law has an element of uncertainty, and she might not win.

The alternative might be to convert her water system to run directly from the mains. This would also be expensive, but it would be quicker, and a plumber could say how feasible it is before starting work. The job would probably involve running new pipes in the flat and changing the hot water cylinder. 

Thank you, that seems like a good plan going forward. Really appreciate you taking the time to comment,

Lornski

Andy_L said:

Was your MiL's water thank in her loft or theirs?

Have they "annexed" part of her loft because there's no wall in the loft between the 2 properties?

Thank you. They're in the upstairs part and she's downstairs but the deeds show shared loft and roof. She obviously doesn't use the loft as access is from their property but they should have checked if the water tank was in use, before disconnecting.

thegreenone

So they should've consulted her first before doing anything up there?  

I know things are different in Scotland but is there a Freeholder that should've given permission for changes?

theoretica

What home insurance does she have?  Does it include legal support?

ThisIsWeird

No idea how things may be different in Scotland, but here there would typically be a Freeholder for the whole property, and they'd be the one to approach. Who does your mum pay buildings insurance and any communal maintenance to?

Also, down here, a loft space would typically be 'shared', especially if they contained services like water tanks.  No one flat owner would have the right to its exclusive use.

This is going to be unpleasant. Yes, you'll need legal guidance. Any chance your mum has Legal Protection included in her house (contents) insurance?

Chances are - tho' I obviously do not know - your mum's neighbour has done two very bad things... The first would (down here) almost certainly amount to 'criminal property damage' - they removed her water tanks, and they would struggle to argue that they did not appreciate the consequences of their actions; the tanks would very clearly have still been in use, as it would have been full of presumably clean water, and they'd have had to cap off the supply pipe. So a claim of 'ignorance' is unlikely to work, imo.

And the second is to take over a space they almost certainly have no exclusive right to. 

The first of these issues would justify - I am not exaggerating - a call to the local police. It is CPD and, as a result, your 83 year old mum, who has a heart condition, presumably cannot now easily keep herself clean? I'm not sure just how far the police would take this matter, but they should acknowledge what has taken place, have a word with the neighbour, and issue a crime number. That is going to give your mum's case quite a boost. They may then suggest she needs to take out a civil case against them to have the damage put right.

The second issue - encroaching on what is a communal space - will come down to whoever has overall control of the Freehold, tho' I understand things are different up there? Is there a Freeholder she can contact? Again, this will likely require a civil action by your mum. 

If the neighb is planning to turn the loft into habitable space, then a call to Building Control might be in order too. 

Do you have LP? Even tho' this is not your issue, they can often be very helpful with advice and be happy to give you 5 minutes.

Good luck.

Eldi_Dos

@Lornski

What a dreadful thing to happen, so upsetting for your Mum.

It is amazing that Scottish Water and the Local Council have advised that this is a private matter, presumably with the water supply to bathroom cut off there is now no functioning wc. If so that is a public health matter and they should have taken that on board.

Phone Council Environmental Health office and make complaint there, then contact Scottish Water and ask to speak to a manager and explain situation and ask them to liaise with environmental  health.

Then get in touch with Local Councillor for your mothers ward and ask them to press for a speedy resolution.

BUFF

Not a lawyer but I believe that this would come under the Tenements Act 2004 https://www.legislation.gov.uk/asp/2004/11/pdfs/asp_20040011_en.pdf

propertyrental

No freeholders in Scotland, though communal buildings often have a 'factor', employed and paid by the various flat owners.

I have no idea what powers they have though....