Neighbours coping stone has let water through causing damage to property

[find1]

Hi All,

My parents neighbour has a faulty capstone/brickwork which has caused rainwater to penetrate through to their home.

On inspection my parent's insurers have advised that the problem is caused by the neighbours coping stone - But the neighbours refuse to get their insurers involved. The neighbours husband is a DIY enthusiast and has offered to repair the problem and redecorate the damage done to my parents property (labour free, but materials to be paid for by my parents).They are not keen to have the stonework or decorating dealt with by an amateur or have the neighbours in their home to do the work. Furthermore they are reluctant to agree for the neighbours to start the work, lest they end up in a worst position.

What action can they now take? They have requested details of the neighbours insurers.

[Celestine]

Re: Neighbours coping stone has let water through causing damage to property

All you need is your neighbours insurance details. And if they don't provide them, YOUR parents insurers will write to your neighbours to invite them to pay for the damage themselves if they are refusing to go through their insurer, at which point they will miraculously decide that their insurer does need to be involved.

Of course your parents insurer will probably want a surveyor to look at the damage to be certain it is caused by the neighbours coping stone. So it won't necessarily be swift and straightforward, but if the neighbours are being obstructive, just tell your parents to let their insurers deal with it.

If he's made this much of a bodge of a simple coping stone, I certainly wouldn't want him or his mates anywhere near the repair.

[PlanB]

Re: Neighbours coping stone has let water through causing damage to property

My parents neighbour has a faulty capstone/brickwork which has caused rainwater to penetrate through to their home.

On inspection my parent's insurers have advised that the problem is caused by the neighbours coping stone - But the neighbours refuse to get their insurers involved. The neighbours husband is a DIY enthusiast and has offered to repair the problem and redecorate the damage done to my parents property

Is this a Party Wall (it sounds like it) in which case your parents probably have some legal right to force the repair, but I doubt that they can dictate who carries out the work. Coping stones (capstones) are releatively easy to replace, I've just had some upgraded on my home by my 'odd job man', so it may not be beyond the scope of your parents' DIY neighbour. If his work fails then that's a different issue but at least he's offered so why not see if that works. We're bound to get more rain this summer to test his boast of being able to fix the problem.

When it comes to redecorating the inside of your home caused by the damage then you deal with your insurers using the contractor of your choice, and they will subrogate their loss against your neighbour. It's the insurer's problem not your parents' problem if they can't recover the money.

However it is always good to try and sort things out amicably with neighbours beause they'll be living next door to your parents long after the insurance company has caused bad feeling between everybody with a hostile claim and then gone away.

[enquirer]

Re: Neighbours coping stone has let water through causing damage to property

On inspection my parent's insurers have advised that the problem is caused by the neighbours coping stone - But the neighbours refuse to get their insurers involved.

As suggested by Celestine, simply let your insurers deal with it. They seem satisfied that the neighbours are at fault, so will probably seek to get their money back, either from the neighbours insurers, or if necessary, the neighbours themselves.

[PlanB]

Re: Neighbours coping stone has let water through causing damage to property

simply let your insurers deal with it. They seem satisfied that the neighbours are at fault, so will probably seek to get their money back, either from the neighbours insurers, or if necessary, the neighbours themselves.

I think part of the OP's issue is that their parents don't want the external work (coping stones/wall) carried out by the neighbour who has offered to fix that part of the problem himself because it's on his property. I doubt the insurance company can compel the neighbour to employ a professional contractor. I also doubt the insurance company can force the neighbour to carry out any repair work to their (the neighbour's) property if they don't want to. But the OP's parents can if it's a Party Wall.

But I agree with you that the internal damage to the OP's parents' property can be dealt with by the insurance company.

One problem requiring two seperate solutions

[find1]

Re: Neighbours coping stone has let water through causing damage to property

All you need is your neighbours insurance details. And if they don't provide them, YOUR parents insurers will write to your neighbours to invite them to pay for the damage themselves if they are refusing to go through their insurer, at which point they will miraculously decide that their insurer does need to be involved.

Of course your parents insurer will probably want a surveyor to look at the damage to be certain it is caused by the neighbours coping stone. So it won't necessarily be swift and straightforward, but if the neighbours are being obstructive, just tell your parents to let their insurers deal with it.

If he's made this much of a bodge of a simple coping stone, I certainly wouldn't want him or his mates anywhere near the repair.

Thank you for your prompt reply.

My parents had already spoken to their insurer (Natwest) during and after the inspection and were advised that Natwest could not take up the claim due to it being the neighbours fault, advising them to contact the neighbours insurers directly? Is this the correct procedure, or are Natwest obliged to help in contacting the neighbours insurers?

[PlanB]

Re: Neighbours coping stone has let water through causing damage to property

My parents had already spoken to their insurer (Natwest) during and after the inspection and were advised that Natwest could not take up the claim due to it being the neighbours fault, advising them to contact the neighbours insurers directly? Is this the correct procedure, or are Natwest obliged to help in contacting the neighbours insurers?

Do you mean that NatWest has rejected your parents' insurance claim because it's not covered by their policy? There are all sorts of clauses in buildings insurance policies relating to exactly what is/isn't considered a "peril" and what (or in this case *who*) caused the damage.

This can always be challenged by a complaint to the insurance provider and if that doesn't work your parents can refer the complaint to the Financial Ombudsman Service for a formal Decision.

I'll wait to hear back from you before I explain how this procedure works

[CleverClogs]

Re: Neighbours coping stone has let water through causing damage to property

In what way is the stone not coping adequately?

[find1]

Re: Neighbours coping stone has let water through causing damage to property

In what way is the stone not coping adequately?

Lol. thanks for the humor.

It must be cracked, dislodged or something. My parents insurers did not give fine details and spoke a bit of technical jargon. But have written just to confirm that from their assessment, the damage is due to the neighbours property.

[PlanB]

Re: Neighbours coping stone has let water through causing damage to property

Does this mean your parents' insurers are refusing to pay for the internal redecoration of their home and have rejected their claim outright

[find1]

Re: Neighbours coping stone has let water through causing damage to property

Yes. In laymens terms Natwest have said that my parents policy does not cover any damage caused to their property by the neighbours. They sent a letter explaining that my parents should contact the neighbours insurers directly and that Natwest would not have any further involvement in the matter.

[PlanB]

Re: Neighbours coping stone has let water through causing damage to property

That's very annoying. Maybe it's because most buildings insurance policies only provide cover for an "incident" such as escape of water, fire, flood, storm, lightening strike, burst pipe etc but not damage caused by a slow drip drip drip from a leaking roof. Was this damage caused by a one-off incident or a gradual build-up over a long period of time?

[find1]

Re: Neighbours coping stone has let water through causing damage to property

Thank you. You have given some sound advice.

Just to say my parents have fantastic relations with the neighbours on the road as they have been there for so long. The neighbours involved are relatively new (2 years). One of my parents reason for declining the DIY help is that, just like you suggested, what if it is not done properly. It can cause further disagreement and become the start of a new legal issue.

I have not confirmed this, but I understand that insurers will not consider decorating a property where the cause of damage has not been rectified. Although Natwest made no mention of meeting decoration costs following repairs and appear to have washed their whole hands of the matter. Is this right?

Is there a legal way in which the neighbours can be held to meet the repair costs of the coping stone? Because as time goes on the damage to my parents property is worsening.

The damage was noticed over a period of time and is getting worse as you could imagine, when there rainfall is heavy.

[CleverClogs]

Re: Neighbours coping stone has let water through causing damage to property

Is the property one of those curious terraces where the party wall extends right through the roof?

If it is, might the dampness have been caused not by a defective coping but by a failure of the flashing?

[find1]

Re: Neighbours coping stone has let water through causing damage to property

No. Its party wall does not extend through to the roof and following some work on the roof a little under 2 years ago, the flashing was confirmed to be intact.