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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

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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.
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 2 years 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
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:
And N16a:
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?
Customer: replied 2 years 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
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?
Customer: replied 2 years 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?
Yes indeed. You could get an order within 24 hours. If you need me in future then you can just ask for me.
Customer: replied 2 years 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?
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Customer: replied 2 years 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
No, you would need a court order under nuisance to get that.
Does that help?
Customer: replied 2 years 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?
That's why you need a survey to say what's wrong and why
Does that help?
Ash and other Law Specialists are ready to help you
Customer: replied 2 years 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
If it has caused damage it needs remedial work. You cant get everything done new, just remedial works.