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Neighbour dispute - damp issues from his property

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  • Neighbour dispute - damp issues from his property

    Hello, I am hoping I can get some advice on this forum.

    I own a ground floor flat in a converted house and currently rent this property out. There is also another flat upstairs which is also rented out and I have a joint insurance policy with the upstairs owner who is also a landlord. I am currently in the process of claiming against a water leak from the upstairs bathroom which has damaged my property.

    Trying to get the landlord to repair the leaks and confirm by invoice to the insurers is proving to be a complete nightmare and this claim was started in October 2012. The insurance surveyors officially confirmed in a report that the cause of the leak was the upstairs bathroom with recommendations made to the upstairs owner as to what repairs need to be undertaken. I believe from my tenant that some work has been carried and have had verbal confirmation from the upstairs owner as to what has been done. What has not been forthcoming is the confirmation ie an invoice stating the repairs have been done and completed despite numerous phone calls to the upstairs oowner, his builider from myself and the claims company.

    The claim is still been progressed and is now finished. On top of this there are now still on-going leaks that the insurance builders state is coming from upstairs and I have obtained a second opinion on this is wel (however access to the upstairs flat is proving very difficult to be 100% sure).

    The upstairs owner is refusing calls from the claims company to grant access to the upstairs property so the builders can see what work has been done or to send his builder round to take a look and undertake further repairs. Further to this the insuers have now stated as the upstairs owner is not exercising a duty of care in maintaining his property which is a condition of the policy, that in the future this policy will be made void. They are however happy to insure me singly but only if the problems identified in the surveyors reports are evidenced to have been repaired.

    Therefore when the work is completed ongoing damage will occur due to the upstairs owner not sorting the problems out. What can I do? I do have email evidence of consistently chasing him but am tearing my hair out as I have never met anyone who is so uncommunicative and unwilling to repair damage. This has been ongoing since March 2011 I have received no offer of compensation nor even an offer to pay the excess.

    On another matter, regarding maintenance of the property in particular the external maintenance which we are both jointly responsible for and as we both jointly own the freehold and leasehold (cross-over for example I own the leasehold on my property and the freehold on his property and vice versa), getting him to contribute to any maintenance particularly financial is also a complete nightmare and having gone through the lease agreements for both flats he is in breach of so many convenants. How can I progress this is well?

    Any advice would be greatly appreciated? as at some point I will want to sell my flat!

  • #2
    Re: Neighbour dispute - damp issues from his property

    My advice would have been not to let property anyway.
    As you do, then you have to put up with the problems it creates.
    Many see being a landlord as a road to riches.
    As you have found it is full of hassle.

    If you do not even realsie that taking legal action is now your only option, you shouldn't be letting property in the first place.
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