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Remus2004, Barrister
Category: Property Law
Satisfied Customers: 71048
Experience:  Over 5 years in practice.
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Hello, I live in a mid terraced property in South Wales. One

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Hello, I live in a mid terraced property in South Wales. One of the adjoining properties has recently been sold and now the property has been empty for about four or five weeks waiting for the new owners to move in. The problem is that their chimney is in a poor state and that over the last three months water has infiltrated the wall of my property causing damp and wallpaper to come off the bedroom and landing wall. There is no sign of the new neighbours moving in yet and the situation can only get worse with more deterioration of the wall. What can I do ?
Thank you for your question. My name is XXXXX XXXXX I will try to help with this.

How long has this problem existed for? Is it just for three months?

Do you have details of the new owner or the agent or their solicitors?
Customer: replied 3 years ago.

I would say I noticed the first sign of problems during the week of February 23rd to 1st of March when wallpaper started peeling of the wall of the front bedroom where the chimney is. I did inform my neighbour at the time who had already sold the house. She informed me not to worry because the new owners plan to install a log burner which must mean that they will be demolishing the chimney. It's now May and nothing has been done ( and the wall is getting worse )

I have little knowledge of who the new owners or the Estate Agents are.


The new owners are responsible for this damage.

However before you can take action against the new owners you are going to have to find out who they are.

If you are still in touch with the old owner, they can ask their solicitor to forward a letter via by solicitors to the buyer advising them of the problem and asking them to get it fixed and pointing out that in the interim the problem is getting worse and they are liable for that damage.

It is unlikely that at this stage in time the property has been registered in the new owners name but there is a possibility. You can check the land registry deeds here for £3 and if it shows the new proprietors name it may have an address although the address may be the address of the property.!ut/p/b1/04_SjzS0tDQwMTIxMjLXj9CPykssy0xPLMnMz0vMAfGjzOKNjSxMDA1NjDwsjM3MDTxN3dyNDUNMjQ1MjPWDU_P0c6McFQH3SLFU/

of all the above fails but you do get an address for the new owner you can always issue proceedings against them in the Small Claims Court for the cost of the damage and have the matter decided by a judge.

Can I clarify anything for you?

Customer: replied 3 years ago.

So it's definitely the new owners responsibility and not the old owner, because this damage began to appear when she was still living in the property. I just want this query clarified, Thanks.

Customer: replied 3 years ago.

Hello Rebus, can you reply to my query please . Ref - 14172500-60

That is correct. The new owners inherit the liability. That is one of the reasons that people have full structural surveys done.

The new owners by the property as presented with warts and all.

Incidentally, the new owners are putting in a wood burning stove they are still going to need the chimney stack unless they are putting in some kind of alternative high-temperature flue.

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