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Neighbour's continuing damage to my home

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  • Neighbour's continuing damage to my home

    Hi,

    I own a flat (mortgaged) in Scotland. My upstairs neighbour also owns his flat.

    I bought this place in 2006. It is over 100 years old and I fell in love with it when I first saw it.

    My bathroom has been flooded multiple times over the years, caused by water running down the ceiling/walls from the flat upstairs (at first it was because he'd not applied proper sealant to his bath). Then there's been issues with burst pipes, etc.

    This man intimidates me as he threatened my father with violence a few years ago when my dad approached him to ask him to sort out some other damage that had not been fixed, so I am always scared to approach him, although I have done so. His manner is rather brusk and he tends to talk over what you say in rambling tones with a few jokes thrown in - full of bs in other words. The very first time that he flooded my bathroom he got an acquaintance to come over and put new wallpaper up (not brand new, it was some leftover from before) but it was a shoddy job and the wallpaper was soon peeling off. One night when he had a noisy party I was so annoyed (lack of sleep) that I put a letter through his door complaining and also said I wanted his insurance details so I could claim for the damage to my bathroom - he ripped the letter up and stuck it through my letterbox. There's a few water marks on my ceiling where it's been damaged and a large spot with what looks like a puckered centre where it has come away a bit. My bathroom looks horrible, it depresses me and I'm embarrassed to have friends over.

    I wonder now if the person who owned the flat before me had similar problems with damage from above. The bathroom had apparently been recently done up...

    I have never done anything about the water damage in my bathroom. I am scared to get it done up myself in case it happens again. Also, I don't see why I should have to pay out to get something fixed that was caused by my neighbour's negligence. Can I still get my insurance to get my neighbour to pay up to get it fixed even though it happened years ago?

    I really want to move, I'm sick of this always happening. But all the damage will have to be fixed before I put a plan into place to sell up.

    Last time my bathroom had a leak was November. When I spoke to my neighbour he said he didn't think it was coming from him, that it must be coming from the roof but he'd pay for the damage. I didn't do anything as I wasn't sure what to do. When I spoke to my insurer's legal dept I was told that as he owns his property also there's nothing that can be done by the council unless it is an environmental health risk.

    Then, last Saturday morning I got up to discover a puddle of water on my kitchen floor. There was water leaking from the light. My neighbour was out but when he returned I went up and spoke to him. Apparently he'd removed his broken washing machine and didn't realise that there would still be water lying in the pipe. And it had went everywhere. This had happened a few days before. He has stone tiles in his kitchen and evidently the water had seeped through them (they didn't look like they were grouted properly from what I could see) and somehow gotten into my light fixture.

    The water is still dripping as I type. And today I discovered some new leaks - coming from my back door frame and the door frame between my living room and the kitchen. There was a puddle of water in my livingroom where it had dripped through. I went up again and he said he'd lift the kitchen tiles next week (tomorrow?) and get in a dehumidifier. I'll be going up to see him again tomorrow.

    This is really getting me down. I used to like living here. I'm going to call my insurance provider tomorrow, but I'd really appreciate some advice about what steps to take to (finally) get this rectified. I have taken some photos of the damage in case I need them.

    Many thanks for any advice.
    Tags: None

  • #2
    Re: Neighbour's continuing damage to my home

    The damage should be fixed by your neighbours insurance company. Hopefully your own insurance company will be able to give you some advice, I am sure your case is not that unusual.

    Comment


    • #3
      Re: Neighbour's continuing damage to my home

      If this is a flat (not a house) you will probably own the leasehold and maybe your freeholder needs to step in to sort this. Is there a managing agent dealing with service charge issues which should include maintenance of the building and lessees' disputes? The buildings insurance will be in the freeholder's name not the owner of the flat above.

      Comment


      • #4
        Re: Neighbour's continuing damage to my home

        Hi - we don't have freehold/leasehold in Scotland, it must be a different system to England There's no managing agents involved. We both have mortgaged flats but this guy seems to not give a damn about his own place, let alone anyone else's. I imagine it will come down to putting it through insurance (his rather than mine).

        Comment


        • #5
          Re: Neighbour's continuing damage to my home

          Originally posted by Madgrrl View Post
          Hi - we don't have freehold/leasehold in Scotland, it must be a different system to England There's no managing agents involved. We both have mortgaged flats but this guy seems to not give a damn about his own place, let alone anyone else's. I imagine it will come down to putting it through insurance (his rather than mine).
          Is this a feuhold property?

          Comment


          • #6
            Re: Neighbour's continuing damage to my home

            feuhold?

            Comment


            • #7
              Re: Neighbour's continuing damage to my home

              Originally posted by PlanB View Post
              Is this a feuhold property?
              I imagine so? As I said, I'm in Scotland - there was no freehold/leasehold mentioned and I've only ever seen that described on properties where the property is in England. So I could live there until I was 80, without having to sell up at some point (if that's what it means). There's no lease involved on this property.

              Comment


              • #8
                Re: Neighbour's continuing damage to my home

                Scotland don't do freehold/leaseholds at all. Once you pay off your mortgage you/your decendants can live in the property for 500 years if they want. Property is yours completely.

                Insurance companies will have a designated legal helpline to deal with just such cases of neighbour disputes in flats and maintenance so they would be the first point of contact. If not much luck with them you can also try CAB.

                Comment


                • #9
                  Re: Neighbour's continuing damage to my home

                  You should check if your insurance includes Legal expenses cover, which not only covers telephone advice, but also the cost of instructing a solicitor to deal with this reckless oaf. You need to assess the full cost of damage, including ripping down the ceiling, re-plasterboarding, skimming, painting etc. A local surveyor will be able to produce a suitable estimate for this, then get the solicitor to pursue him for the cost, through court if necessary.
                  "Although scalar fields are Lorentz scalars, they may transform nontrivially under other symmetries, such as flavour or isospin. For example, the pion is invariant under the restricted Lorentz group, but is an isospin triplet (meaning it transforms like a three component vector under the SU(2) isospin symmetry). Furthermore, it picks up a negative phase under parity inversion, so it transforms nontrivially under the full Lorentz group; such particles are called pseudoscalar rather than scalar. Most mesons are pseudoscalar particles." (finally explained to a captivated Celestine by Professor Brian Cox on Wednesday 27th June 2012 )

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                  Comment


                  • #10
                    Re: Neighbour's continuing damage to my home

                    Originally posted by MissFM View Post
                    feuhold?
                    Feuhold is the Scottish equivalent of what is known in England and Wales as freehold. The term basically defines the fact that a property is called a freehold when both the building and its surrounding land area are under the ownership of an individual.
                    http://www.mortgageplansonline.com/feuhold.html

                    The feudal tenure system was abolished in 2004: http://www.ros.gov.uk/pdfs/update10part1.pdf

                    Comment


                    • #11
                      Re: Neighbour's continuing damage to my home

                      Originally posted by Madgrrl View Post
                      I imagine so? As I said, I'm in Scotland - there was no freehold/leasehold mentioned and I've only ever seen that described on properties where the property is in England. So I could live there until I was 80, without having to sell up at some point (if that's what it means). There's no lease involved on this property.
                      You wouldn't have to sell up, what you'd normally do is extend the lease before it runs out, preferably when you've still got a considerable number of years left, as extending the lease becomes increasingly expensive as the number of years left decreases: http://www.lease-advice.org/publicat...ent.asp?item=8

                      It can be difficult to sell a property with a short lease because lenders won't normally lend on properties with less than a minimum number of years, around the 70 year mark (this varies from lender to lender) although there is always the option to knock money off the sale price to cover for the cost of a lease extension.

                      Comment


                      • #12
                        Re: Neighbour's continuing damage to my home

                        There's no leases involved here though. I'd never heard of feuhold, thought it was a typo!

                        *sigh* I phoned my insurance today (Morethan) and they told me that I have to pay a £250 excess even if it comes out my neighbour's insurance! WTF?????? One of my colleagues told me that if I do that I should be able to claim back from a small claims court. So I really don't fancy going through the insurance now if that's what's going to happen. For something that was NOT my fault! The other option is for him to pay out for it out of his own pocket - but knowing him a) it'll be like getting blood from a stone and b) he'll go through one of his dodgy friends who makes a complete shoddy job of any repair work.

                        The water is dripping out my light fitting faster than it was previously There was 2 inches of it in the plastic tub. I nearly slipped on the puddle where it had splashed out. And he is not at home. I'm shaking with anger here and feeling sick.

                        Comment


                        • #13
                          Re: Neighbour's continuing damage to my home

                          So sorry to hear! The only silver lining on the cloud is that it sounds like a job that in total will probably cost in the thousands to repair so £250 is a small (ish) knock on the chin. Next hurdle is I presume you will need to find out who he is insured with so that your insurance company knows who to bill. That could be more tricky as from the sounds of his character he will probably not want to tell you. Maybe the insurance company could source the information by the address? I really don't know.

                          This is an awful situation and no doubt will put even more strain on your relationship with your neighbour. I really feel for you ........

                          Comment


                          • #14
                            Re: Neighbour's continuing damage to my home

                            I thought I'd replied but looks like it didn't work.

                            He's not home yet.

                            My friends are saying I should contact the police.

                            Comment


                            • #15
                              Re: Neighbour's continuing damage to my home

                              Do call the police! The worst they can do is say no its not their problem. If they can't help, they may give you some advice or suggestion what to do next.

                              Comment

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