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Mid-terraced house chimney issue

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  • 05-09-2016 1:53pm
    #1
    Registered Users Posts: 502 ✭✭✭


    Hello,

    We started getting mold on our stairs wall about 4-6 months ago. Its now quite a big patch. Probably 1 metre x 1 metre. Its also wet and damp above the ceiling in the attic.

    We have concluded that it is coming from the chimney which is above the damp patch. Similar things have happened in another neighbours chimney (house was abandoned for a couple of years) which caused the ceiling to collapse in.

    The chimney that is causing the issue belongs to the neighbours house as it is the side of the house that contains our staircase and their chimneys are on the other side of the staircase. The house is rented out currently. Possible to people receiving housing benefit or HAP. The landlord from next door also said that they have mold on their side (just as bad afaik) of the wall and that it is the kids bedroom I think.

    We eventually got the landlord to get someone out to look at it but he has been very slow to do anything or get anyone to come inspect it. Now he said he wants us to pay half the costs.

    What would our options be? I am thinking that seeing as it is his chimney causing the issue its his responsibility legally.

    Should we take him to the small claims court if he wont pay for it, get a proper lawyer, or is it the case that we owe have the bill as it is affecting both properties. Could his tenants refuse to pay until the mold has been removed? What about if they are getting rent allowance or on HAP scheme (paid directly).

    All comment appreciated.


Comments

  • Moderators, Society & Culture Moderators Posts: 39,406 Mod ✭✭✭✭Gumbo


    You need to talk to them and agree an inspection and repair price agreement.
    Talk of small claims court with your neighbour is sour grapes.

    Have you have a surveyor in to do some opening up works on your side to determine the root of the water ingress? It may very well be a problem on your side of the boundary.


  • Registered Users Posts: 502 ✭✭✭richy


    kceire wrote: »
    You need to talk to them and agree an inspection and repair price agreement.
    Talk of small claims court with your neighbour is sour grapes.

    Have you have a surveyor in to do some opening up works on your side to determine the root of the water ingress? It may very well be a problem on your side of the boundary.

    They arent our neighbour in the sense of we have a relationship. The landlord bought the house a couple years ago and rents it out. Only met him twice. Wouldnt be worried about a stranger not liking us if legally the issue was his.

    He did get someone out and they said that it was due to the chimney breast not been laid with lead I believe and instead some cheap patch job was done around the chimney breast.


  • Registered Users Posts: 502 ✭✭✭richy


    Just found this article online which is quite similar to ours in terms of not sharing the chimney stack https://www.irishtimes.com/life-and-style/homes-and-property/stains-on-walls-from-neighbour-s-chimney-1.2399028


  • Registered Users Posts: 502 ✭✭✭richy


    Anyone else got some experience in this?


  • Closed Accounts Posts: 22,648 ✭✭✭✭beauf


    Its between you and the owner next door. Nothing to do with the tenants.

    Problem is your guessing its the chimney and it might not be. Leaks could be in a different part of the roof entirely.

    You won't know till someone does a survey.

    Its most likely the flashing around the base of the chimney, or the cap on the chimney or just the pointing (mortar) on the chimney, perhaps all three. Could also be cracked slates, or tiles on the roof, maybe a ridge tile, on your side. Could be something else to do with the structure of the chimney.

    Agree a survey with the owner next door. Go from there. The costs will go up the longer it is left.


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  • Moderators, Society & Culture Moderators Posts: 39,406 Mod ✭✭✭✭Gumbo


    Is the chimney brick finish or rendered?


  • Registered Users Posts: 3,027 ✭✭✭Lantus


    Firstly the income status of the tenants is irrelevant. Even if they were multi millionaires they would have no legal obligation to pay a cent.

    Boundary options are best resolved mutually. Sounds like a very reasonable owner offering to go half's. Get some quotes from say 3 roofers and then decide on a contractor to undertake the work. Your both winners.


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