Leak from next door's chimney. Who pays for repair?

[piknmix]

I live in a terraced house and recently noticed damp patches of plaster on the landing wall running down from ceiling. We converted our attic over 10 years ago and the roof has no missing tiles.

However, the pointing on next door's chimney looks old and cracked and I suspect rain is getting through and wetting the inside wall. The chimney doesn't belong to us. It belongs to the chap next door who is stating that we're responsible for the pointing on our side of his chimney. He is refusing to pay to have it done. Meanwhile, our wall and plaster inside our house is getting damp.

We have no fireplaces on that side of the house so the chimney is definitely not ours. Am really not sure if we're then responsible for the chimney structure or even the flashing where it buts against our roof.

Does anyone know?

He's responsible. It's his chimney...not like a shared boundary or something.

I would instruct a solicitor to write to him.

Okay - so had roofing contractors around. Two of them independently said it was the repointing that needed doing. Actually one of them said alot of contractors slap cement to do a quick bosh job - which doesn't last long as it cracks and disintegrates. He advised rebuilding the chimney.

Anyway, I've sent their analysis through to the agency who lets next door and told them to pass the info on to landlord that it's his responsibility.

But ... what if he refuses to repair? My own inside wall will get increasingly damp and damaged.

Anyone know what my next steps are?

Yeah you can probably send him solicitors letters which he will undoubtedly ignore .... or you could just suck it up as one of the joys of home ownership and get it fixed so it will stop affecting your own home.

Ask your building and contents insurance for help?

Tillymints, I can't really afford to just suck up £1000 plus - which is what it would cost apparently to repair. Nor can I afford my insurance premiums to go up significantly (they'd just say it isn't my property so not covered I expect).

Pik speak to your insurers. If the damage is arising as a result of next door refusing to repair their defective pointing, then your insurers could cover your repairs and then go after next door's insurers for the cost of the work as their negligence is causing the damage.

If he refuses you would have to make a claim on your insurance then your insurance would claim it off his insurance. That's the only way if he refuses. But then again that's assuming he has insurance. Most people do but there's always the odd occasion where it's lapsed isn't there