Bloody 'Rotting' Neighbours

[fieryjack]

My daughter and boyfriend bought a flat in March this year.

They have found dry rot in the bathroom that the previous owner was fly about mentioning.

The dry rot specialist has quoted for the work - fair enough divided between their flat and the doownstairs neighbour.

Problem is that the neighbour is a complete loony and is using excuse after excuse to not get the work carried out as she has been told that her insurance company will not pay out.

We have not got involved yet because of 'outside' reasons but am asking if anyone has any experience with anything of this nature as being without a wc for a month and now a shower or bath for three months is not acceptable and I would like to advise them both further on a course of action to take.

All advice appreciated.

Thanks.

 

[hibbybilly]

My daughter and boyfriend bought a flat in March this year.

They have found dry rot in the bathroom that the previous owner was fly about mentioning.

The dry rot specialist has quoted for the work - fair enough divided between their flat and the doownstairs neighbour.

Problem is that the neighbour is a complete loony and is using excuse after excuse to not get the work carried out as she has been told that her insurance company will not pay out.

We have not got involved yet because of 'outside' reasons but am asking if anyone has any experience with anything of this nature as being without a wc for a month and now a shower or bath for three months is not acceptable and I would like to advise them both further on a course of action to take.

All advice appreciated.

Thanks.

I do work for a dry rot company FJ, I'll ask tomorrow if they have had a similar experience and what, if anything, they done about it .

 

[Kurt]

Check the disposition but if it doesn't say anything the Common Law of Tenement applies and the ownership splits in the middle of the joist. You could get the work done and sue in the small claims court probably.

What was the cause of the rot? Water ingress?

 

[Carluke_Hibee]

Surely the surveyor is responsible for not spotting this?

 

[Kurt]

Surely the surveyor is responsible for not spotting this?

Depends on the type of survey and whether it was visible.

 

[hibbybilly]

Surely the surveyor is responsible for not spotting this?

Sounds like its the bathroom Carlook, could have been behind or under the bath and probably hidden.

 

[fieryjack]

Check the disposition but if it doesn't say anything the Common Law of Tenement applies and the ownership splits in the middle of the joist. You could get the work done and sue in the small claims court probably.

What was the cause of the rot? Water ingress?

Yeah, water ingress down the back of the bath / side wall which turns out to be due to water from the shower.

 

[fieryjack]

Surely the surveyor is responsible for not spotting this?

Not the situation in this case. Depends on the type of survey.

 

[Kurt]

Yeah, water ingress down the back of the bath / side wall which turns out to be due to water from the shower.

Could the neighbour say that it wouldn't have happened if that had been dealt with, therefore, its not for him/her to rectify?

 

[broonieboy]

Not all previous owners would know about the dry rot, especially if it's under/behind the bath. I didn't know a fair bit of my bathroom floor was missing until I ripped out the old bathroom. No way of telling until I did that. As for surveyors, some of those cowboys (not all) think even breathing in the direction of a gaff constitutes a survey.

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[emerald green]

My daughter and boyfriend bought a flat in March this year.

They have found dry rot in the bathroom that the previous owner was fly about mentioning.

The dry rot specialist has quoted for the work - fair enough divided between their flat and the doownstairs neighbour.

Problem is that the neighbour is a complete loony and is using excuse after excuse to not get the work carried out as she has been told that her insurance company will not pay out.

We have not got involved yet because of 'outside' reasons but am asking if anyone has any experience with anything of this nature as being without a wc for a month and now a shower or bath for three months is not acceptable and I would like to advise them both further on a course of action to take.

All advice appreciated.

Thanks.

Sounds to me like your daughters loony neighbour could simply be skint

 

[fieryjack]

Could the neighbour say that it wouldn't have happened if that had been dealt with, therefore, its not for him/her to rectify?

The woman downstairs was aware that there was a problem before (been flooded twice) with the previous owner who decided to stick her head in the sand and rent out the property for about a year.

 

[fieryjack]

Not all previous owners would know about the dry rot, especially if it's under/behind the bath. I didn't know a fair bit of my bathroom floor was missing until I ripped out the old bathroom. No way of telling until I did that. As for surveyors, some of those cowboys (not all) think even breathing in the direction of a gaff constitutes a survey.

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Both the previous owner and the one downstairs knew well enough about the problem but did nothing to resolve it.

 

[broonieboy]

Both the previous owner and the one downstairs knew well enough about the problem but did nothing to resolve it.

Fair enough.