chimney on terraced house

[purposefriend]

my neighbour has said my chimney is leaking and causing damage to his property? there is not damage in my home. I called in a roofer and he checked my chimney and repointed and checked the lead and placed a cowl. The roofer only did my half of the chimney. My neighbour is still complained and has call the environmental health officer. this guy is saying the whole chimney was my responsibility and now the neighbour is insisting I deal with the problem or he says he can get an order to get the work done at my expense and claim for his properties damage? it that right? This is a terrace property.

He had the roofer do work on the other half and due to the EHO is trying to charge me £200.00 he did not have any permission off me. How do I check if its half and half?

 

[joe-90]

Post a picture. If the chimney serves both houses - it's half his.

 

[purposefriend]

This neighbour has said I have 6 weeks to deal with the chimney or he will have EHO to send and order to take the chimney down at my expense> this neighbour is the landlord of many properties. Who do I need to tell me if this leak is my fault?

 

[limerockconstruction]

Like Joe said, post a photo

 

[Nige F]

this neighbour is the landlord of many properties. ?

That says it all - If it was me - I`d say 4 words to him --- See You In Court

 

[^woody^]

This neighbour has said I have 6 weeks to deal with the chimney or he will have EHO to send and order to take the chimney down at my expense> this neighbour is the landlord of many properties. Who do I need to tell me if this leak is my fault?

Nonsense.

An EHO can not order any work let alone demolition. If he is going to get the council involved, then he will have to prove not only that a nuisance exists, but also that you are responsible for this. And then, way down the line, it has to be proven to a magistrate.

I can't understand the reference to an EHO, its not clear if that is what the neighbour is stating, or if its your interpretation, but it is nonsense to suggest an EHO is involved without you being aware of it directly. It does not work like that at all

A chimney between two properties is typically shared ownership and shared responsibility. Even if the chimney is wholly on your half of the boundary, then you are not responsible for any flashings or leaks on the neighbouring side.

He's being a bully, and trying it on. If you want any more advice then ask

 

[purposefriend]

Thank you woody. I'm waiting advise off a building inspector until then, I'm not going to do anything. But how can I tell for sure if its my fault.

That HEO has sent that landlord a letter saying I'm responsible for the whole chimney

 

[^woody^]

If the chimney is shared - you can see how many flues it has and how many you have, or can see that it crosses the party wall/boundary line, then its shared responsibility.

Post some images from the outside and the loft if you can't work it out

Otherwise its as I said with the flashing - his responsibility

Where is this EHO letter? Have you got a copy which you can either post the text here or email or PM? Cut out any address and personal stuff.

If you have not got a copy, then does such a letter exist? Is the neighbour blagging it? You can ask the council what involvement they have had

If the councils EH dept is involved, they will contact you directly with something like this

 

[^woody^]

BTW, I'm assuming this is not in Scotland or NI. If it is then its potentially different

 

[purposefriend]

Thank you woody. I'm snowed in at the moment so no photos. Its in Wales. the EHO letter that was sent to this landlord. I've got a copy. I'm not sure how many flues there are.

 

[purposefriend]

Hi Woody. the EHO quotes the environmental act 1990:

it says, I can confirm that the chimney serving your neighbour does appear to be leaking which is affecting the party wall, your roof and ridge board which in turn is causing damp staining to the landing csiling and wall. I can confirm having inspected your attic that the chimney is not shared and is the sole responsibility of your neighbour.

then it goes on to say if he needs further assistance to contact him. its signed District Environmental Health Officer?

My roofer has capped the top of the chimney so I don't know how many pots take a look at CF83 8FY street houses

Thank you

 

[TonyW2]

Looking at Google the terrace seems to consist of a row of exactly similar layout houses rather than alternate mirror images. This suggests that each has its own individual chimney.
For clarification, can you confirm that when looking at your house from the front, the entry door is on the left, the chimney breast is on the right, protrudes into your room and that there is NOT a fireplace on the other side of that party wall to serve the neighbour.

 

[^woody^]

I'll type you up a response which can be used to send to the neighbour and council EHO later

In the meantime can you measure how far the chimney breast in the bedroom sticks out from the wall

Likewise, if you can get into the loft, how far it sticks out there too.

 

[purposefriend]

Looking from front door which is on the left, my chimney breast in on the right in my lounge and bedroms the depth in lounge is 15 inches and in bedroom 10inches. this would be the neighbours wall side

there is also a small fire place in kitched on the same side as my front door and that would be the same for the neighbour, so he would have had a fire place against my wall his kitchen end.

however he is saying that kitchen fireplace vents through his kitchen roof?

I so appreciate your advise - thank you for helping me

 

[TonyW2]

I can see only one chimney stack per pair of properties. From your description, it seems that each property must share two chimney stacks--one on each side. (That would not fit with the end terrace houses)
Can you work out if the kitchen fire has a flue that exits via the stack serving the front room stack of the adjacent property?
ie Does your neighbours kitchen have a flue that connects through your front room fire stack and therefore the chimney is a shared one. The connection may occur in the loft.