Hi,

I would like a bit of advice on how to proceed on the below issue.

Situation - Just after bank holiday I found damp in a shared wall with neighbor. This is my living room wall which on the neighbours property is a bath/shower wall. The water has ingress during bank holiday weekend and caused a patch of paint to peel off.

I got a known builder who confirmed no water pipe of mine (my bath/shower is on other side) except a centralised heating pipe runs on the wall. The pipe is far below the point of damp.

After the incident I have been using the centralised heating and see no more water ingress or increase in damp. However neighbor has asked his tenant not to use shower but only bath. So no new damp.

Neighbor landlord doesn't live in. He claims his tenants moved out the week before and so vastly empty property. He got his plumber who checked pipes and said no continuous leak. I insisted to open pipes/shower to check. In the meantime they figured out the tiled wall behind their shower is not done well. Also on operating the shower they find water spraying from the shower end to the improperly tiled wall behind. He is looking to redo the tiling in his bath/shower.

I have politely asked Neighbor if he is still in disagreement we can get an independent plumber/builder to assess and resolve. If he is going to carry out Work I want his workmen to paint the small patch where pain has come off. He is refusing to comment.

What is the best course of action please.

Thanks,

Gnans.

As a neighbour they would have a responsibility of maintaining their property, so that it did not cause such problems. Unless you have proof of the house owner next door not maintaining their house, it is very difficult to claim from them any redecoration/repair costs for your wall.

If the neighbour has a shower over the bath, i suspect it is their bath not being sealed properly where it meets the wall. When they stand in the bath it flexes slightly and there is a gap near the wall, where the sealant is not working. Water then runs off the tiled wall and down where the gap is. Just a guess, as i had this recently. The bath needs to be secured so it is as a solid as it can be. You then have to fill the bath with water, clear out the old sealant, put new sealant in and allow to dry for at least 24 hours. Fit a sealant strip to act a double sealant. Don't empty the bath water, until sealants are dry and secured. It is then a case of regularly checking under the bath near the wall to make sure no leaks are occuring. If there is a leak, then apply sealant to fix. It is an ongoing job that needs to done.

Best way to play this is to advise the neighbour that it is in both their interest and yours, that their bathroom is not causing any water damage to walls and floors. It will cost them more money in the end, if water is allowed to leak and if the problem continues, it would cause them to be liable. Not only to neighbours sharing walls, but possibly to tenants if damp causes them health issues.

If this water damage to your wall has only happened this once, then not much you can do, apart from document the issue with the neighbouring property owner by letter to them. Ask them as a gesture of goodwill between neighbours to cover cost of paint etc to repair damage caused by water leak from their property. Advise them that if this problem occurs again, then this may unfortunately involve taking the matter further legally, which you really want to avoid.

My tradesman recently repaired a similar problem in my rental by supplying & fitting a Perspex panel to the wall. Total cost £140.

If due to next door problem, LL is liable for consequential repairs.

Now the neighbour is not responding to emails. He says cannot comment. Clearly washing his hands away.

Please recommend next step. I don't mind spending the money to fix the paint patch on my wall but he is being rude to not work with me for amicable solution.

Now the neighbour is not responding to emails. He says cannot comment. Clearly washing his hands away.

 

Please recommend next step. I don't mind spending the money to fix the paint patch on my wall but he is being rude to not work with me for amicable solution.

Try your Home Insurers for any legal cover you might have. If you have this cover, they can write a letter to the neighbour.

If you don't have such cover, then not much you can do, apart from note your records. If such a water issue from next door happens again and they don't deal with it, then you can issue a court claim against them for cost of repairs.

A one off event might be insufficient basis to issue a court claim, but now they know about it, they have opportunity to stop it happening again.

Ah, exactly checked the home insurance and have left the legal cover like an idiot.

As this is first time I think I will have to ignore it and repair myself. If happens again will ask here for procedure to court claim.

You need to put in writing to your neighbour what is happening, why it has happened and what you want them to do about it to stop you having further damage caused which may result in legal action.

STOP writing emails, you need to send letters by recorded delivery - the Post Office can do that for free.

Keep a copy of the letter in a file and make a record of any conversations you have about this with your neighbour and all of the above actions taken by builders, if it goes to legal action a good timeline is very helpful.

Also if you make a claim on your home insurance for water damage they will ask if you know the cause, when you tell them what that is they will go after your neighbour independently of your claim, as they want to get their money back, that will not require legal costs from you.

Homer67 - To which address do I write the letter? To the neighbour address and post it recorded? The property is let out and owner doesn't live there. In the last email I asked for correspondence address to send formal letter. Below is what I got back in email.

"If you want to discuss the matter in a mature and meaningful way - I am happy to meet you face to face. You might want to think about the style of your emails - they come across as threatening and aggressive. I'm sure you want an amicable settlement and general goodwill between neighbours. However, escalating to formal letters.

By the way I noticed a large crack in the wall between our two patios - I'm not sure who owns or maintains it.'

Unfortunately from having tried to speak to him in person he is not inclined to agreeing the fault on his property. To one email where I mentioned it is his property causing this. He replied "no comments".

Should I meet and talk again?

Or fix the paint myself. Send a letter to him (address unknown) on what had happened until now.

Thanks