neighbour's damp probem

[Anonymous]

We own a 1850 semi' cottage we we are in the midst of renovating. The adjoining property is rented out and for years has seen no maintenance from the landlady, much to our frustration. At the beginning of June this year the header tank in the loft overflowed whilst the tenants were on holiday. The water flooded over the top of the tank and through to both the bedroom and living room on the ground floor. The insurance people came out when this first happened and advised the owner that the building would have to be dried out naturally before the ceilings (which have asbestos contained artex) could be removed and renewed. The windows have now been open 24/7 since then. We spotted the landlady's partner going in to the property today, so asked him for an update as surely this can't be doing our property any good. His reply was that the insurers had declined his request for dehumidifiers to speed up the drying process, and said that the building must be allowed to dry naturally. Please could someone advise if ths sounds feasible? How can a Norfolk red brick cottage dry out when the rain can go straight in to the windows?

 

[Anonymous]

If it's really wet inside then I guess the nett effect of having the windows open could be better than having them closed.

I have the glazing to an external door missing on the cottage I'm working on and whilst some rain gets in occasionally it all dries out again within a day or so and the through draught more than compensates for any rainwater ingress.

Incidentally, why do you think that your property will be affected by what's going on next door? If the ceilings didn't collapse then I wouldn't have thought there was enough flood damage to pose a threat to the fabric of an adjoining property.

 

[Anonymous]

The initial worry when it happened was that our cottages don't have foundations, and the water had beed pouring out of the overflow for 4 days before we managed to track down the landlady of the property. We had been standing our wheelie bin under the overflow in the naive hope that this would contain the water, but it would fill in an hour so was a pointless exercise when we were at work or asleep. Therefore gallons and gallons of water were going into the ground. My husband initially discovered the damp inside when he noticed that all of the windows were running with what he thought was condensation. So soaked house and soaked ground.

 

[Anonymous]

If your property has suffered damage as a consequence of this, you could make a claim against the neighbour for damages.

For this to succeed, you would have to show that the escape of water was due to his/her negligence.

Alternatively, you could claim under you own home insurance policy and let them seek a recovery against the neighbour. Your own insurers would be very likely to appoint an adjuster who would intervene and try to prevent any further damage.

 

[Anonymous]

> For this to succeed, you would have to show that the escape of water was due to his/her negligence.

which is more likely to not be the case.

NT

 

[Anonymous]

I agree that the chances are a bit remote, but in the original post the comment was made that the house "has seen no maintenance from the landlady." I suppose that if the escape of water can be shown to be due to lack of maintenance, and the landlady should have been aware of the possible overflow, then an action might succeed.

Of course, failing to properly mitigate the situation could also be deemed to be negligent (i.e a homeowner and their insurers ought to be aware of the potential damage to a neighbouring property). Proper steps should have been taken to minimise the risks and, if they haven't been, then clearly there's a case to answer.

At the very least, a threat of pursuing the neighbour/the insurers might spur someone into action.

Assuming there is damage worth claiming for, using one's own insurance has the benefit that there's no need to hold anyone liable. The situation can be remedied and then the insurers can fight over who's to blame.

 

[Anonymous]

> I agree that the chances are a bit remote, but in the original post the comment was made that the house "has seen no maintenance from the landlady."

that doesnt tell us the leak is due to lack of maintenance. Its hard to see how it would be, unless the overflow had been dribbling away for some time before the flood.

> Proper steps should have been taken to minimise the risks

what steps? I cant think of any, but it is late.

> and, if they haven't been, then clearly there's a case to answer.

I dont see how there would be, since usually no preventive action is required.

> At the very least, a threat of pursuing the neighbour/the insurers might spur someone into action.

but no action is needed. Declaring hostility with your neighbour for no reason and no gain is not something I'd recommend.

> Assuming there is damage worth claiming for,

Unlikely. A £10 tin of stain block is crtainly not worth a claim.

NT

 

[Anonymous]

The crux of the problem is that the landlady lived in the property until Jan 2002 then rented the property to a couple under what we believe is a very informal tenancy agreement as she worked with one of them. Since the property has been rented out there has been no maintenance whatsoever, so their gable wall is green from damp, the window frames are like balsa wood and a main problem for us is the pile of rotting furniture/appliances that have been stacked against the exterior party wall at the rear of the house. This has caused us damp problems for a while now, but in the name of good neighbour relations we have been very wary of mentioning. My biggest gripe is that we are doing our very best to work on our property, but are attached to a derelict house. My original question remains; how long does it take for a flood damaged property to dry out? ( o.k., so how long is a piece of string!)

 

[Anonymous]

Right. As you say, it really is a case of how long is a piece of string. The weather's warm, which helps a lot. The real answer is who knows, it depends a lot on the extent of the damp, and whether the causes have been solved or not. If not, never.

Can you not explain nicely in a note that you've been advised that the stuff piled against the wall seems to be the most likely cause of your damp problems, and you'd appreciate it if it could be cleared? If they dont, they dont, but I would expect there's a fair chance they would.

NT

 

[Anonymous]

If its an immediate problem I would fork out the 70 odd quid to get someone in to clear it, so long as the neighbours agree of course.

 

[Anonymous]

Arranging to have the rubbish cleared is something I have considered in the past but I just know my husband would be horrified at the idea of do someone else's dity work, allbeit to improve our situation. We have discussed the situation this evening and have decided to write an informal letter to the landlady asking for an update on the water damage/windows issue and moving the furniture etc. and see if we get any response.