Chimney Ownership and it's repairs

[Fieldy1979]

Can anyone help/advise?

I live in a terraced house and I have recently noticed some damp in my bedroom on one of the walls. I have gone up into the loft with a friend of the family and found that the damp is below/next to next doors chimney (which is not in use). The chimney seems to be leaking and it looks as if a lack of soakers is causing the problem (possibly flashing as well).

I am unsure as to whether the responsibility of fixing this would fall to myself or my next door neighbour/the landlord? The house next door is split into two flats and is rented out.

How do I determine who responsibility should fall to, what should I be checking for with regards to what wall/skin the chimney is against etc? I'd like to know as much as I can before I contact my neighbour.

Thanks

 

[RedHerring2]

I am unsure as to whether the responsibility of fixing this would fall to myself or my next door neighbour/the landlord? The house next door is split into two flats and is rented out.

Is your house owned by the landlord nextdoor, or have you just worded this a bit misleading?
Or do you own your house?

 

[Fieldy1979]

Hi RedHerring,

Apologies, I own my own house. Next door is a house divided into 2 flats with a landlord.

 

[RedHerring2]

A simple answer is to say that you are responsible for maintenance to the chimney stack that is within the boundary line of your property, and your neighbour (the landlord) similarly responsible for theirs. Obviously, if you fail to maintain your property, and that impinges on another's property, there are, eventually, legal enforcements available, e.g Local Authority departments.

However, there may be other info' that you're not telling us, for instance, is the chimney stack still complete, as was, or has part of it been removed?

 

[Fieldy1979]

Hi,

Many thanks for your reply, I need to determine for sure where the chimney sits with regards to my boundary which I will do.

The chimney stack is still complete and all in place but no longer in use as far as I am aware.

 

[RedHerring2]

It should be quite simple to determine.
If your boundary/party wall continues up in your loft space to meet the roof, then whatever you can see of the chimney is your responsibility.

If, however, you have an older type terrace house where the party walls do not continue up in the loft space, then simply bi-sect the chimney. Half of it is your responsibility and the other half is your neighbour's.