Q&A

Is our neighbour liable for water damage?

In recent heavy rain our roof leaked - water running down the bathroom wall damaging the ceiling, coving, wall and decoration (plaster has blown including wall tiles). We instantly made good as best we could (put plastic sheeting down, moved belongings) can but can't get on the roof to cover the leak. Here's where it gets complicated.... It appears the leaks is caused by our neighbours roof. 12 years ago we had our house re-roofed and is currently in a good state of repair. Our neighbours house (which is a rental property) is in a poor state of repair and is currently vacant (since March '10). The landlord lives overseas and has not visited the property for 15 years. No majors repairs or maintenance has been carried out in this time either - apart from a lick of paint 3 years ago! Their roof is nail-sick and in desperate need of repair - it's a 1920's terrace with a 1920's roof! When our roof was replaced, where the two roofs meet, roofing felt was placed under the neighbour's tiles to make good the join (as we believe is good practice). One of the neighbours tiles has recently slipped in heavy rain causing water to ingress, run along the roofing felt under the tiles, and down into our house. Who is liable for the damage? We believe our insurance will pay out for the interior damage but not for the roof to be repaired (there was no 'storm', just heavy rain). Could our insurance pay for the roof, then try to claim against the neighbour's insurance? Any advice in advance of dealing with the Claims departments would be most appreciated!