Flooding and your rights- homeowners' questions answered I am concerned that my home is at risk of flooding because my neighbour has developed his land without installing adequate drainage. I purchased my house about six years ago and have never experienced problems with flooding. But during the recent bad weather, there was more surface water than ever before. Is there anything I can do? Paul, Middlesbrough If you know your neighbour, you should talk or write to him. Inquire about the works and ask whether he obtained planning permission, if this was necessary. Look at any plans that he had drawn up for the project. Raise the issue about the increased rainwater and whether he would be prepared to install drainage on his property. You should consider obtaining advice from a surveyor and/or contractor about what needs to be done. Try to come to an agreement about the cost of installing what is recommended. If an agreement cannot be reached, then talk to your solicitor about a claim of nuisance/negligence. You need to demonstrate that your neighbour's use of the land is unnatural and deliberate. Check your home insurance, as you may have the benefit of Legal Expense cover. This may indemnify your legal costs for such a situation. Legal proceedings should only be contemplated as a last resort. The Court imposes a duty on the claimant to mitigate their losses wherever possible. So if your property is at a severe risk of flooding, take proactive steps to protect it. You could, for example, install adequate drainage on your property. Any costs you incur could be sought against your neighbour if you can prove your claim. But weigh up the cost and benefit of pursuing a legal claim, as it can be very expensive and there is no guarantee of success. Hopefully, your neighbour will understand your concerns. For the past six months, I have rented a small house. The guttering is in poor condition and leaks when it rains. I have checked my tenancy agreement, but it does not refer to repairs. Is my landlord liable to repair the gutters? Jane, Leeds It is good practice for both parties to set out their obligations in a tenancy agreement. This ensures everyone knows what is expected from them. Although there is no specific reference to repairs in the agreement, due to the length of your tenancy, you will benefit from the implied "repairing" obligations detailed in the Landlord & Tenant Act 1985. Provisions include an obligation to repair the structure and exterior of the property. You will be pleased to hear that the Act specifically covers guttering. Your landlord is, therefore, liable to carry out the necessary repairs. Note also that a landlord cannot avoid these provisions. I suggest you contact your landlord and try to get this matter resolved as soon as possible. My property was flooded for the first time after the recent stormy weather. My road has never flooded before, but a few homes were affected. I believe it is a result of works nearby, where a culvert was installed for a new retail development. Peter, Heald Green Flooding can be traumatic, and it is prudent to clarify the risk of this when you purchase a property. Also make certain that you are adequately insured against it. You may also be able to claim in nuisance to recover any losses not covered by your insurance. As part of such claims, it is not uncommon for the court to make an order of "injunctive relief." This requires a defendant to take action to prevent a nuisance from continuing. In a flooding scenario, this might mean they would have to take steps to prevent flooding from reoccurring. The situation you face is unfortunately an increasing occurrence, where a watercourse is diverted or altered to accommodate new development. Usually, anyone who interferes with the natural state of a watercourse will be held liable if their alterations are not sufficient to carry the water. The defendant is obliged to maintain the culvert, so it operates properly. They would also be held liable if they were aware that it was not adequate to support the flow of water. Then did not do anything reasonable to prevent flooding. And the defendant can also be liable where flooding was a result of extraordinary rainfall. You should first contact your local authority and obtain details of the development and the works undertaken. You will need expert evidence with comments on the alterations to the watercourse and the effects they have created. Obtain details of the company which carried out the works and clarify the ownership of the land. Your insurance company should be able to assist with these investigations if they accept the claim. They may want to recover the costs of any insured losses if liability can be established. But if you are in any doubt, then seek legal advice. It is important that matters are investigated to safeguard your property against future flooding. Send your property problems to Property Clinic, The Daily Telegraph, 111 Buckingham Palace Road, London SW1W 0DT email propertyclinic@telegraph.co.uk Our experts regret that they cannot answer readers' letters personally. All correspondence should be sent to them at the address given above. We regret that we cannot acknowledge letters. Please keep them brief.