Dampness caused by neighbours property

[johnvernon74]

Hi Folks,

 

Feb 2012 water appears in my back dining room and I make contact immediately with insurance company.

 

Im advised my policy does not cover "locate and search" so I get a plumber who states that the problem is my neighbour. I contact my neighbour who says he will contact his insurnace company.

 

Neighbour keeps putting me off for 2 months and then he moves out of house. House is no derelect.

 

My insurance company instruct builders to dry out my house and fix everything. Walls taken back to brick and Im advised that my floor boards are not covered?

 

Water company eventually get warrant and disconnect my neighbout from the mains supply.

 

I now wish to claim of my neighbout for time off work, money I had to pay plumber, and all out of pocket expenses.

 

The company doing the work on behalf of insurance company - have advised they can not dry my house any longer as neighbours house still an issue. They want me to write to them advsing them Im aware they cant dry out any longer.

 

So in short I want to claim all my out of pocket expenses from my neighbour. Can anyone please help me putting a letter together so I can sent to him. also any direction would be appreciated.

 

Thanks

[BRIGADIER2JCS]

If you post up details dates actions taken by the

parties I'll put together a '' letter before action''

to send.

 

It may take a couple of days.

[johnvernon74]

If you post up details dates actions taken by the

parties I'll put together a '' letter before action''

to send.

 

It may take a couple of days.

 

Thanks I will get the details done tonight and post them here tomorrow

[BRIGADIER2JCS]

Thanks I will get the details done tonight and post them here tomorrow

 

OK

[johnvernon74]

Details are as follows 26th Feb 2012 damp coming though to my back dining room. Insurance company called.

 

I called a plumber at a cost of £210 to locate the leak. (26th Feb) Water still coming into my house and leak is advised coming from neighbours house.

 

I contact neighbour 26th Feb and he said he does not have leak.

 

My plumber returns on 26th Feb and drills a whole in my floor to allow water to drain outside.

 

I have to take 4 days off work @£15.10 an hour (32 hours in total)

 

27th Feb called Environmental Health who come out and state leak coming from neighbours house. They contact neighbour and he advises he will contact insurance company.

 

28th Feb Neignbour becomes unreasonable and will not talk or discuss matter and leaves house early daily and returns early hours of morning.

 

Northern Ireland water come out on 29th Feb and serve a 28 day notice on the property for wasting water.

 

I telephone owner (Mr Edwards) at least 5 times per week. He passes me to his sister who says insurance company will deal with.

 

Environmnetal Health issue legal proceedings for Mr Edwards to go to court on 22nd May 2012.

 

My insurance company now arrange to fix the majority of the problem, Land registry can not confirm who owns the house althou its assumed Mr Edwards accoding to Rates Agency.

 

I have had to move out of my house since 1st May 2012 while the insurance company dry out my house. Insurance compnay pay me £15 a day for me and my daughter to stay at family members.

 

Now been adviced by insurance compnay that joyces (spelling)??) need replaced at a cost of £590 which I have to pay.

 

Neighbour has now moved from the property and his house is still damp.

 

Insurance company advise they can not dry one of my rooms due to damp still caused by neighbours. I decide to get work started and advise I will be liable for this room.

 

Northern Ireland water obtain warrant and permantly shut suppy to neighbours house.

 

I want to claim for my loss and also anything else I can, its been 4 months since this all started and Ive been left out of pocket not been able to cook meals, having useof my house etc.

[BRIGADIER2JCS]

Hello John,

I put something together now.

 

Letter Before Action.

Dear xxxxxxxx

 

I have considered your response to the damage caused to my property

by your negligence in regard to the water leak on your property,I find

your actions both negligent and irresponsible.

 

There has been considerable cost and inconvenience caused and I am

seeking to recover the costs from you.

 

The matters I will put before the court are as follows:

1. The damage was first noticed on xx February 2012.

2. I had to call a plumber to ascess what was causing the problem

the cost involved is £xxxxx which I seek to recover in full from you.

3.It was necessary for me to take leave from work for 4 days at a rate

of £15.00 per hour for 32 hours Total £480.00.

4.I have had to leave my house since the 1st. May 2012

and have been seriously inconvenienced by your lack of action.

5. I have been advised by my insurers that joists will have to be repalced

at my costs in the sum of £590.00

6. 1 room remains unusable as it cannot be dried out and will not

be covered by insurance as to the costs to remedy this situation, you

will be advised of the amount when the cost has been assessed

7. I shall ask the court to assess damages for the stress, incovenience

and the sundry costs to be listed, resulting from my inability to use the

facilities of my house, eg cooking meals etc.

8. I wil provide the court with details of the actions taken by the water company

and the local authority which were ignored by you.

 

Delete/ add/ amend as you wish.

 

This should be either delivered by hand and signed for, or

sent recorded delivery.

[johnvernon74]

Hello John,

I put something together now.

 

Letter Before Action.

Dear xxxxxxxx

 

I have considered your response to the damage caused to my property

by your negligence in regard to the water leak on your property,I find

your actions both negligent and irresponsible.

 

There has been considerable cost and inconvenience caused and I am

seeking to recover the costs from you.

 

The matters I will put before the court are as follows:

1. The damage was first noticed on xx February 2012.

2. I had to call a plumber to ascess what was causing the problem

the cost involved is £xxxxx which I seek to recover in full from you.

3.It was necessary for me to take leave from work for 4 days at a rate

of £15.00 per hour for 32 hours Total £480.00.

4.I have had to leave my house since the 1st. May 2012

and have been seriously inconvenienced by your lack of action.

5. I have been advised by my insurers that joists will have to be repalced

at my costs in the sum of £590.00

6. 1 room remains unusable as it cannot be dried out and will not

be covered by insurance as to the costs to remedy this situation, you

will be advised of the amount when the cost has been assessed

7. I shall ask the court to assess damages for the stress, incovenience

and the sundry costs to be listed, resulting from my inability to use the

facilities of my house, eg cooking meals etc.

8. I wil provide the court with details of the actions taken by the water company

and the local authority which were ignored by you.

 

Delete/ add/ amend as you wish.

 

This should be either delivered by hand and signed for, or

sent recorded delivery.

 

Thank you, will get sent of tomorrow and as always keep this site updated

 

cheers

[johnvernon74]

Thanks for your help BRIGADIER2JCS there has been no reply so now next stage. Any advise or just straight for small claim.

[BRIGADIER2JCS]

No more playing I agree straight to court!!

[johnvernon74]

No more playing I agree straight to court!!

 

will keep thread updated.

[raydetinu]

Dont understand why insurance co wont cover damage to floor joists?

Have you asked them why!! Insurance should cover all damage caused.

Your insuranec co could also take action to recover their costs from neighbour or his insurers.

[digerd]

What a nightmare for you and how did the small claims work out?

I was told by the court, when I enquired, that any judgement awarded to me could, however, NOT BE ENFORCED so really wasn't worth it. That was over 10 years ago, but assume hasn't changed??

[johnvernon74]

Just an update: Still waiting for report from City Council and Water board and final invoice for extra work before I raise small claim at court.