SHARED CHIMNEY REMOVAL ISSUES

[themum]

Hi,
Dont know if anyone can help. We have removed a shared chimney from our house but it was done so the neighbours could still use theirs. They have a gas fire and building control checked all the work and told us to line the chimney etc and we did all that was requested. The neighbours are still able to use the chimney and they also got their gas fire serviced. So neighbours and building control happy.
Now a month later - the neighbour has written to us (through a solictor) requesting us to put the chimney back on our side of the house and give compensation for loss of use of the chimney for a coal fire!! Also requesting payment for a surveyor they have paid for and also the solictor. Otherwise they will take us to court!!! We are slightly shocked and confused. Can they make us put the chimney back? Do we owe them compensation when they allowed us to carry the works out and also allowed the gas people to enter their property?
All help apprecaited! Thanks

 

[Static]

Did you get a party wall agreement signed before you started the work?

 

[themum]

Did you get a party wall agreement signed before you started the work?

Hi there,
Thanks for your reply - no we didnt get one. We didnt know we needed to get one until now! We started the work and then realised it was a shared chimney so we (neighbour) agreed to get building control to ensure the work was done correctly.

HELP!!!!

 

[Richard C]

Did you get their agreement I writing & did they understand the consequences of the work you were doing? I’m just guessing here but it sounds as if they may have now realised (or someone’s told them) that the work you’ve done means their flue is not class 1 any longer & so is no longer suitable for coal or multi-fuel stoves. I don’t know what flue liner was used but if they were running a gas fire at the time, it was probably a class 2; class 1 liners are considerably more expensive!

 

[^woody^]

I would say that they are unlikely to succeed in any claim.

What area of law are they alleging you have breached?

A PW notice is not relevent after the event, and the fact that you have not served one is neither here nor there after the event. It is only relevent prior to and while work is done, and there are no penalties for not serving a notice.

If your work was properly done under the scope of building control, and they have recommended the lining of the flue and the neighbour has had the opportunity to refuse the work then this counts against them. As does the fact that they have actively supported the work and have effectively agreed to it at that time and the consequences of it in the future - including any loss of use.

The solicitors letter is typically full of strong words, but is most likely to be bluff. The appointment of a surveyor is their own concern and not costs which you are responsible for.

Ask for a copy of the report. Ask under what legislation they are claiming redress. Refuse to reinstate the chinmey. Counter claim that any reinstatement will inncur your own costs for which you will hold the neighbour responsible as they have effectively gone back on their agreement.

In any case don't worry it will all be covered by your home insurers.

 

[JohnD]

Couple of points:

If you have legal expenses as part of your Home Insurance policy, ask them to help. They will not want you to try to handle it yourself.

If not, since your neighbours have involved a solicitor, you might do well to get some legal advice yourself - an initial interview is likely to be inexpensive; you might even find a tame one working at the CAB. In your position i would want to avaid saying or doing anything that might weaken my position.

 

[themum]

Thank you all for your replies.

Woody - we dont know who the surveyors are as they have not wriiten their details in the solictors letter. You are right - the letter is very strong worded and also states that the flue put in the chimney is now tresspassing in their house! They allowed the workers into their home to put it in!!!

Richard C - no we didnt get their agreemnet in writing. It was all verbal and they also allowed us and the corgi people into their house to service their gas fire and connect the flue.


This is so stressful!!!

 

[big-all]

just a though here


the people you spoke to where the owners and not tennants!!!!!!!

 

[themum]

It was definately the owners of the house!

 

[big-all]

i personaly don't know the answer but

common sence suggest that because the have been fully aware and paticipated
either they have completly misunderstood what your intentions are and let thing drag on to long
or
they have had a change of heart

do i understand this correctly as i read that your flue to your gas fire goes through the wall and up there chimnie

 

[themum]

Big All - they understood everything fully! Think they are juist out to cause trouble and get some money from us!

We dont have the gas fire - they do. The chimney was shared so part of their fumes go through our house. They still do - all we have done is taken the bulk of the chimney away from our side but it still remains in the party wall with now a metal flue liner which actually makes it safer for them and us!

Oh hum

 

[Nige F]

Their flue/chimney comes into your house can you post a diagram ........that`s bizarre ...........or is it a large old house to maisonette conversion

 

[big-all]

Their flue/chimney comes into your house can you post a diagram ........that`s bizarre ...........or is it a large old house to maisonette conversion

i can only imagine the flues are in a line on the wall line with not much more than a row of bricks sticking out each side hence the partial removal

 

[Richard C]

all we have done is taken the bulk of the chimney away from our side but it still remains in the party wall with now a metal flue liner which actually makes it safer for them and us!

But do you not know what type of metal flue liner was used? I still think the whole problem may revolve around the fact that their flue has been downgraded from a class 1 to a class 2 liner which restricts them to running a gas fire only. The clue is in the solicitors letter i.e compensation for loss of use of the chimney for a coal fire; otherwise what would be their basis for their complaint!

 

[themum]

Hi everyone - i really am appreciating your replies.

Big-all - yes you are right re how the chimney is. It was just how you described it. So we have taken it back on our side but their is still a flu in the party wall for the neighbours to use.

Richard C - the new liner used is for a gas fire only so they would need a new liner if they wish to use a coal fire. Prior to this - the chimney had no liner! The chimney was in a state. It was disintergrating with lots of sulphur (sp?) etc!

The neighbours just seem out to get to money!