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Aston Lawyer
Aston Lawyer, Solicitor
Category: Law
Satisfied Customers: 10345
Experience:  Solicitor LLB (Hons) 23 years of experience in Conveyancing and Property Law
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I have damp problems in my house. After paying independent

Resolved Question:

I have damp problems in my house.
After paying for an independent damp survey, it was noted that my neighbours (rented property) concrete path running to their back garden is covering my damp course and filling my air bricks.
This path was there when I moved in, so my insurance company say it is not their responsibility and my “homebuyer’s” survey (the more expensive one) says that they could not get access to the side of the house.
So, who is responsible for the damages to my property? Or is this one of those expensive things I am going to have to learn from?
Submitted: 2 years ago.
Category: Law
Expert:  Aston Lawyer replied 2 years ago.

Hello and thanks for using Just Answer.

My name is ***** ***** am happy to assist you with your enquiry.

I take it that you had the independent damp survey after you moved in?

Does the Homebuyers Survey mention anything about damp?

I look forward to hearing from you.

Al

Customer: replied 2 years ago.

From what I remember no. Although I will have to re-read to make sure.

Steve

Expert:  Aston Lawyer replied 2 years ago.

Hi,

Thanks for your reply.

Well, firstly, you did of course buy the property in its existing condition, so your Insurers are correct in that they won't pay out, as it was an existing problem.

Your only possible claim, therefore, is against your Surveyor-

I would certainly have hoped that your Surveyor would have checked for damp from within the property, and if this was not picked up, you may well have a claim against him.

You therefore need to check the Homebuyers Report- if of course it did mention that there is damp (and recommend a further report be commissioned), then I'm afraid you have no claim and you will have to foot the bill for any remedial works.

If the Homebuyers did not mention any damp, you would then have to prove that it should have been spotted, and make a claim against the Surveyor.

I hope this assists and set sets out the legal position.

Kind Regards

Al

Aston Lawyer, Solicitor
Category: Law
Satisfied Customers: 10345
Experience: Solicitor LLB (Hons) 23 years of experience in Conveyancing and Property Law
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