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Advice for damp in neighbour's wall

7 replies

Williams3001 · 13/02/2020 10:54

This may be more of a post to vent, as I'm 3 months pregnant and worried about how much this is going to stress out little pip. It's a slightly long-winded story but I'll try to keep to the basics.

We're in a ground floor flat and share a party wall with our neighbour who has damp issues on her side of the wall (both rooms are bathrooms). Her bathroom and four other areas in her flat have been damp proofed and restored but in October she sent one of the damp guys to look at our bathroom as the plaster wasn't drying properly; during this inspection the surveyor took a quick peek under our bath and said we had leaking pipe. Later we pulled everything out and discovered that water was actually getting through the mastic around the bath. We immediately stopped using the shower and bath, had the mastic replaced professionally and dried everything out with a dehumidifier. We also then had a plumber check all the bathroom piping for actual leaks, but there were none.

Since the damp guy came round, our neighbour started blaming us for her damp, despite the fact that four other unrelated areas in her flat have also had to be damp proofed. Our building is from around 1850, so it's not unusual to have damp problems, though we have none ourselves but do get condensation on the windows from time to time. After we sorted everything, the neighbour's plaster still wasn't drying out, so the damp company refused to return to check for other issues and told her we must have a different leak (hence us paying for a plumber to confirm otherwise). We asked her to keep us updated and to let us know if there was anything else she wanted us to do.

Anyway, today after two months of silence, she posted a new report from the damp company under our door; they now say the initial bathroom damp was caused by a leak from our flat, and the neighbour is heavily suggesting that we pay for all the damp proofing and repair to her home and sending loosely veiled threats about getting lawyers involved. Now, I'm not saying that our leak had no effect on her bathroom wall; I don't know if a leak can cause actual damp (wouldn't it be water damage?) but it wouldn't have helped regardless. We feel incredibly sorry for her situation and are happy to offer to pay for the bathroom wall, but I don't think it's fair for her to ask us to pay for the damp proofing throughout her home as she clearly has a general damp issue.

We're planning to offer to pay a portion of the costs but I don't know what her reaction is going to be and I'm afraid she's going to get lawyers involved anyway. I really don't want to be in a dispute as I've already lived through neighbour hell before (or a very different sort) and we own this place. What should we do next?

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MarieG10 · 13/02/2020 12:42

It must have been one hell of a leak to go through a brick wall? We had one and yes it dripped through the seal and caused issues but nothing like you describe. We had a power shower pumping out in it as well

I would ask to look at the extent of the issues. Is it still wet as if so it is clearly another cause.

Williams3001 · 13/02/2020 13:32

Thanks, that's what I thought though I don't know how we'd be able to determine if she had damp anyway and maybe the water escaping made it worse, or if the water could have caused the damage initially, as we don't know how long the sealant had been damaged.

DH is going to try to talk to her tonight to check that the wet patch has dried properly now, so there's definitely no other problem.

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longearedbat · 13/02/2020 16:09

Have you got legal cover through your home insurance? I am assuming you own the flat. I think you definitely need legal advice. Do not offer to pay anything, in fact, I would not even talk to them about it, otherwise you are just going to get yourselves in a pickle. The ideal thing would be to refuse to discuss it and direct them towards a solicitor. If they think they can bully you into paying out, they will keep on and on at you. You need to nip this in the bud.

longearedbat · 13/02/2020 16:13

Sorry, just re read and saw that you DO own the flat.
Actually, she sounds a bit loopy. Perhaps that's why the damp company have cast her adrift!

TARSCOUT · 13/02/2020 16:14

Leave it all to the insurers. Her insurers should speak to yours and they can argue about it.

LolaSkoda · 13/02/2020 16:26

Agree with others. Don’t offer to pay for anything.

If she’s serious then she can go through the buildings insurance process and someone independent can come and have a look at the situation. The burden is on her to prove your property caused her problem.

Williams3001 · 13/02/2020 17:02

Thanks for your help guys. Our flats are leasehold, and the buildings insurance is shared by us all. The last communication we had before she went silent she was going to contact the insurance company but there was some complication as the insurer had changed between her getting the original quote on the damage and the work being carried out. We're going to wait to find out where she's got with that before doing anything else.

I'm not sure how legal insurance would work if we're covered by the same policy though. We have separate insurance for contents but I already spoke to them and they don't cover wall damage; only damage to soft furnishings from escape of water.

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