Neighbour Issue- Who Should Claim?

dexters_mum_2

Evening all,

Wonder if anyone can help?

I live in a mid terrace and have a neighbour who lives in a rented house, the owner is a friend of hers.

2 years ago, the landlord renovated the property and installed new gutters. Since then, the guttering to the front has leaked on the join between the two properties, I have verbally informed the tennant and landlord himself but nothing has been done, aside from the landlord re-sealing the join.

It has now got to the point where we have penetrating damp on the wall, the damp is now just above an electical socket and the earth bonding for the gas meter.

I have asked the tennant to contact the landlord as the outer wall is so wet, the stone is blowing and breaking away, needless the say the damp is blatantly obvious inside as well and extends now to a period of about 15cm wide and 2ft high.

The tennant confided that the house is being reposessed next Friday, she has had notice quit and she doubts he is insured, but has given me his number but despite leaving messages and sending text messages he has not responded.

I called my home insurance and their legal helpline, they said to photograph the damage, provide the landlord with copies and ask him to contact me. They have said very little about who should claim at this point, though they have said I could make a claim on my own insurance.

I just wonder if anyone could advise on this? I think the wall may need to be damp proofed because of this. I had a survey undertaken on the house last year (for mortgage purposes) which found damp to the rear but not to the front of the property, where this is now, that was done last June, just prior to the problems starting.

Obviously the house will revert to the mortgage companies ownership on Friday, therefore, will I just end up claiming on my own insurance or will my insurance try to go through his mortgage company.

I doubt whether I could get any money from him, apparently he is in a dire financial situation, therefore I am not sure this is something which could be settled out of insurance, the tennant said if she were the owner we could have worked something out but alas she's not.

I'm with Direct Line BTW. Any advice would be valued.

DM

geewhiz

Sorry, don't know the legal side of it but if it was me I would claim on my own insurance.

While it's clearly the landlord next door who is at fault you are likely to get nothing from them apart from hours and hours of wasted time. You would be best to stop the damp spreading any further and just get it sorted by direct line asap.

If they think they can get anywhere with next door or their insurers I would imagine they will try and claim back from them, do you have legal cover included ?

dexters_mum_2

Thanks Geewhiz

Yes I do have legal cover with my policy.
I do think you are spot on, I doubt I will get anywhere with him (the landlord) because I would be way down on a list of creditors who may (or may not) be chasing him.

It's just one of those feelings where you feel it shouldn't be you to claim but what else can you do given the situation?

DM

davidwatts

I'd speak to your insurer but this is my take on the situation:

I'm not sure your policy will cover you for the loss or damage as it doesn't appear to have been caused by an insured peril, e.g. storm, flood, theft etc.

Even if you've got accidental damage cover it will probably be excluded as damage caused gradually.

I know that's not what you want to hear but that's what immediately struck me when I read your post. Only one way to find out though!

If the landlord had buildings insurance then it would cover his legal liability as property owner and you would have a much better chance of making a recovery. If he hasn't and has financial problems as you suggest then you'll struggle to get anything back.

You'll only be able to claim under your Legal Expenses Insurance if "it is more likely than not that you will be successful with your claim" so his having insurance or money will probably be important.

I wish you luck with your claim but I'd be prepared for having to foot the bill for the repairs yourself.

mattymoo

David, that response is pretty much my take on things as well. One thing I would add, damp proofing is a red herring.

The damp proof course is usually located 2 rows of bricks up from the ground level and is to stop rising damp from the ground rising above this level.

In the first instance, I would get someone to sort the guttering out and prevent the problem getting worse. If no roofing work is needed this is something a handyman with a ladder might be able to tackle for a modest charge. If you get this done now, the property has a chance to dry out a bit over the summer (hopefully) and then you will be able to see if any permanent damage is done.

Incisor

dexters_mum wrote: »

... I do think you are spot on, I doubt I will get anywhere with him (the landlord) because I would be way down on a list of creditors who may (or may not) be chasing him.

It's just one of those feelings where you feel it shouldn't be you to claim but what else can you do given the situation?

Send a formal letter to the landlord, putting him on notice to effect repairs. You are right, he will do nothing about it. But when the house transfers, send a copy of the letter to the repossessor. Ultimately, they will want a quick sale and they will not want an issue like this to come and bite them when they resell. Because they will either have to declare the problem to the prospective buyer, or risk being sued later when it becomes clear that they should have informed him. Strangely enough, I think this may be the time you have most leverage to get it sorted.

Beware that the downside of this is that if the repossessor passes the notice on to prospective buyers, but chooses not to deal with the problem, it may deter some buyers and you might end up with less fussy neighbours.