Shared chimney

Orangeredblue

I had a builder/worker from the property next door (working on rented property) asking me if they have any damp issues due to a shared chimney, i told them no. They asked me inside to show me the damp in the upstairs in rooms.

He explained the landlord wants the chimney to be removed to below roof level to make it water tight and to eliminate and damp problems, he then asked me to pay half of the costs. I didn’t agree to anything and he said that the lettings agency may pay full cost as they want this work to be done, he also said that they need my written consent to carry out the work as it’s a shared chimney.

My questions are, where could I get advice on this? Am i be obligated/made to pay half of the costs of the chimney removal? Can they do any removal of the shared chimney without my consent (verbal or written)? Can I say no and are there any consequences? Thanks 

Orangeredblue

Sorry typo in first paragraph, please see below: 

I had a builder/worker from the property next door (working on rented property) asking me if **i** have any damp issues due to a shared chimney, i told them no. They asked me inside to show me the damp in the upstairs in rooms.

silvercar

They can’t do anything to your property without your consent. They can’t do anything to their property that affects yours without making good. They shouldn’t work on anything joint without a party wall agreement, unless you agree.

That said, do you want the future maintenance costs and problems of the chimney? Do you actually use it as a chimney? If not it may be cheaper to get their builder to remove it all while they are sorting out their half.

Orangeredblue

Thankyou. Am i obligated to pay half?

silvercar

Orangeredblue said:

Thankyou. Am i obligated to pay half?

No, but equally they are not obligated to do anything to your half other than ensuring whatever they do to their side doesn't effect your side. So they could remove their side and construct a vertical 4th wall to your chimney. I don't know how they ensure they maintain the structural integrity of your side, which is why a party wall agreement is probably a good idea. They would have to pay for the agreement, so it could be as cost effective for them to remove your chimney as to do whatever would be necessary to support your remaining chimney.

Do  you use your chimney? Obviously if it is removed, you won't be able to, so something worth considering.