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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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There i have damp in my extension cause by my neighbours

Customer Question

hi there i have damp in my extension cause by my neighbours patio being higher than my damp course. The neighbour is refusing to allow any building work to be carried out to rectify this by lowering the patio and or having a drain professional installed to remove the water from the effected area. 1 of my children is being tested for a throat problem possible caused by the damp. We also believe that our floor may be effected but required further investigation on this. I dont know what to do. We are being told by all the builders that the course is from the neighbours patio. The neighbour has told us the patio was there before the extension was built (which is true),but has also stated to me it was raised by about 3 cm Please help does he have to consent to the building work to be carried out? Does he have to pay the cost of the repair? With regards ***** ***** child if this is causing ill heath can the local council enforce repair? If he made matters worse by moving object on the area how can this effect me. I am worried that my house will deteriorate further, my partners heath and that of my children may also suffer becuase he simply is unwilling to help out in and way. Please advice as i dont know what to do from here on.
Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.
Hello my name is ***** ***** I will help you.
Have you had a survey which confirms the problem at al? Has the neighbour refused?
Customer: replied 1 year ago.
hi i have lived there for 14 years and had a survey then but not since. The damp has been there for around 3 years and has progessively got worse. The neighbour at the moment has refused to lower the patio which would cure the damp and has also refused the builder to come round to fit the drainage despite us offering to pay half. The last builder spoke to the neighbour and said to him this is 100% because of the patio that he relayed
Expert:  Ash replied 1 year ago.
OK. You can ask your neighbour and if he refuses you would have to get a Court order to allow access and the work. You have a right to access under the Access to Neighbouring Land Act 1992 You could do this by using form N1:
http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n001-eng.pdf
And N16a:
http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n016a-eng.pdf
The Court would list the matter for hearing and decide whether to allow access. If the Court orders it and the neighbour refuses this would be contempt of Court which they could be warned, fined or sent to prison. Of course it may be that a letter from the Solicitor does the trick instead if they refuse access.
Can I clarify anything for you about this today please?
Alex
Customer: replied 1 year ago.
Is the neighbour liable to cover the cost or part of the cost? If he refuses liability then what? How do i get a court order? How much do you think a letter from a solicitor would cost? Does my neighbour have the right to ignore a letter from a solicitor? Thanks
Expert:  Ash replied 1 year ago.
Yes if it is as a result of his negligence. If he refuses liability you need to get a survey done saying why the problem is and seek a Court order for those damages.
How to get a Court order is above forms N1 and N16a. The letter would be around £250. If he ignores it then you have to go to Court.
Does that help?
Alex
Customer: replied 1 year ago.
hi thanks, ***** ***** would it take for a court order to go through as it is urgent because of the weather etc. How long after am i able to contact you should i need further advise? Does the local authority have any power in this mater?
Expert:  Ash replied 1 year ago.
Yes indeed. You could get an order within 24 hours. If you need me in future then you can just ask for me.
Alex
Customer: replied 1 year ago.
Hi i am grateful for you help.Is this service included within the inital cost i payed for the next 7 days? I would like to keep this open so my partner can raise any issues she thinks off if thats ok?
Expert:  Ash replied 1 year ago.
Yes.
If this answers your question could I invite you rate my answer before you leave today.
If the system won’t let you please click reply.
Please bookmark my profile if you wish for future help: http://www.justanswer.co.uk/law/expert-alexwatts/
Customer: replied 1 year ago.
ok sure. Access to Neighbouring Land Act 1992 allows maintenance work to be carried out on your property. does that include building work into his patio the fit the drainage system. Thanks
Expert:  Ash replied 1 year ago.
No, you would need a court order under nuisance to get that.
Does that help?
Alex
Customer: replied 1 year ago.
where would i stand if he argues that his patio was there before my extension and the height difference of raising it a few cms would not cause the damp?
Expert:  Ash replied 1 year ago.
That's why you need a survey to say what's wrong and why
Does that help?
Alex
Ash and 2 other Law Specialists are ready to help you
Customer: replied 1 year ago.
Hi my neighbour has decided to lift up some of the patio and reduce the depth down the side of my extension which should help with my damp problem. I would like to know what can I do if anything about the damage this has caused in my house. We require our walls to be replastered and then painted. Thanks
Expert:  Ash replied 1 year ago.
If it has caused damage it needs remedial work. You cant get everything done new, just remedial works.
Alex