Here is a question to the blog clinic from Samuel (not his real name) who is a home owner:
The House next to my house is a rented terraced property, The roof wall which is lower than my house and joins to the wall of my house, has broken loose flashing, causing my inner wall to be damp and heavy rain can cause water to come through the wall. house. A local tradesman plumber confirms this.
We have contacted the owner of the next door property, he came to see it, but hasn’t made any effort to repair this flashing. As I am disabled aged 87, I am at a loss what I can do to make him do the repair.
If he refuses to do the work voluntarily probably the only thing to do is to bring a claim against him. This is not really landlord and tenant law. However if the problem is causing damage to your property you may have a claim.
Have you spoken to your insurers? They may be willing to help you. If not you may find a solicitor willing to act on a no win no fee basis.
Like you Tessa not normally my area of work but I do know that in some circumstances Environmental Health Officers can treat certain things a statutory nuisance and serve an abatement notice.
If the damp in your property is substantial,there is a statutory nuisance which must be investigated by the Council.If they are satisfied that the damp arises from defects next door,they must serve an abatement notice on the owner of that property. See Environmental Protection Act 1990 Section 79 and 80.Failure to compply with an abatement notice is a criminal offence
I have pasted some info below from the Plymouth City Council website regarding their powers, which I imagine would apply nationally:
Hazard awareness notices – these will ensure that the owner/person responsible is aware of a hazard and the desirability of carrying out repairs/alterations (Housing Act 2004).
Power to serve notices requiring works to be done – we can serve notices requiring work to be done to improve living conditions for occupiers and/or neighbours. The work we specify depends, of course, upon the conditions we find and what the law allows us to do.
Powers to enter a property and undertake work – should work fail to be completed as required by a notice, we have the option to do the work and recharge the owner.
Thanks Sarah, thats really helpful.