Problems with neighbour - bad building, trespass, intimidation, property damage

[nw0307]

Well done, it might be prudent to have the cost of the work / invoice quoted independently (if you haven't already done so, I'm sure I read you had quotes). Also when you've got a suitable quote which is realistic and he threatens you with court action.

Write a letter, make sure you get Proof of Postage, suggest ADR (alternative dispute resolution). If it goes to court, you can show you suggested ADR but he ignored you (going by his current form on matters).

Hi there. I have had 5 separate roofers all roughly say the roof should be £5k in total. He's saying it's £7.6k from a contractor that doesn't seem to have many past customers and no testimonials at all.

I showed him one quote and he refused to accept it and said it didn't matter, he's going with his quote and I didn't have any say in it. He stopped me getting alternative quotes because he wouldn't allow my chosen roofers on the roof! The invoice he has sent hasn't any real breakdown of the costings - it's all bundled together with his own works he's had extras done. No breakdown for scaffold or skip and these have been there for a month when the roof only took a week. He's expecting me to pay towards all that. He's actually been letting other builders drop their waste off in his skip - I'm sure he's been charging for this as he's been there supervising it. The guy is an out and out charlatan.

My solicitors previously told him many times to get a fully itemised bill for this very reason and he refused saying he is the LANDLORD!!! (always in capitals) and can do what he wants. Also the two other roofs in the block all had their roofs repaired last year. Each cost £600 because there is no need to replace the roof with a new one. That was just his personal preference and he is expecting me to contribute to what is non-essential work. I think I can make that an argument too.

He has suggested ADR to me in the past but not regarding roof costs. It was his ridiculous accusations that I'm breaching all these terms of the lease which I can rigorously defend (he's using these as a threat to seek forfeiture on my apartment). Because there is no basis and evidence he can provide, and I'm not sure what I can do to resolve something I haven't done, I said ADR was pointless at that stage. I will certainly be willing to suggest ADR in terms of the cost of the roof as I have so much evidence against him to show he hasn't followed any correct procedures.

I'm thinking of offering my share of just roof repairs as the two other roofs - basically £100, as a starting point. I have a copy of one of those invoices. Until he can actually fully itemise what I'm supposed to be paying for, and photographs of the chimney work I don't think has been done at all, I dont' think he's got a leg to stand on has he?

[nw0307]

Hi there

Just an update on this situation. The neighbour sent me an invoice for 'my share' of the roof that amounted to nearly £1,100. None of it was fully itemised and he had extras done as part of this work which are nothing to do with my obligations. I have asked several times for a full breakdown of the cost and he refuses. He has now said he is going to get his solicitor to enforce the debt, whatever that means as he doesn't have a solicitor. He has now added roof insulation to my obligations which are nothing to do with me and never mentioned before! Also because the scaffold came down because of my objections, he is now saying he's had to get extra scaffold suspended from his balcony and I am liable for this cost as he had not finished work on the downpipes. This is rubbish. He's been using the scaffold for his own renovations, and also the downpipe that I am liable towards, was in perfect condition until he cut into it for extra drainage and now it leaks down the wall.

He also insists 14 days is ample time for me to get the money together to pay him (even though I've never accepted the cost or the original quote). I've said all this, and also offered £100 for my share of repair work that was similar to the other roofs last year. I also mentioned mediation which he has ignored.

A neighbour has now just sent over screenshots of a landlord/tenant group on Facebook and he has posted pretending he is a tenant and saying his 'landlord' is asking for this money and does he have to pay. He's actually telling lies about the quotes, and this isn't a tenancy situation but a freeholder/leaseholder one. So how he thinks he can get relevant advice I don't know!

Obviously this is in my favour because it seems he's now getting desperate by making false posts on a FB group. I can only assume he has tried to get free legal advice and the advice wasn't favourable to him so he's ignored it. So basically, should I now completely ignore his emails demanding money until he serves court papers or considers mediation? I've laid out my arguments, and can back them up with evidence. He just won't listen.

[echat11]

The neighbour from hell. You have a lot of information / knowledge about the situation. I would write one final letter offer the £100 and mediation (make sure he gets it). After that wait for the court papers, although that might just be a 'idle threat'. I the meantime get your evidence together, / summary and maybe Witness Statements from neighbours who paid £100.

[nw0307]

Hello there. This is an update to this sorry saga with my neighbour from hell. He eventually enlisted a solicitor to write a rather aggressive letter but sent it to my solicitors who have not been acting on my behalf for 4 months regarding this matter (the neighbour knows this). I let the solicitor know that they sent this in error and he was really rude replying. Anyway he then sent me a copy of the original letter via email only. It was demanding payment for the roof repair contribution and threatening action because of all these alleged 'breaches' I was doing. Again, I have proof that the area in dispute does not belong to my neighbour and belongs to me and the other next door neighbour.

I eventually replied at the beginning of January after the holidays (I wasn't going to let this idiot spoil Christmas for me). I did a full defence of the breach allegations and said I had evidence to back it all up and wouldn't waste any more time on this so they would have to take me to court. I also said I've not seen any evidence from the neighbour in 9 months of me asking for it. I also sent a separate email regarding the roof repair bill. Bizarrely, the solicitors letter actually didn't even state the amount I'm supposed to owe and pay in 14 days!! It was just a copy of the full invoice that wasn't broken down at all.

However, I have now just received a money claim online from the neighbour for just the roof part of the dispute (a day earlier than the time limit given). The other stuff would be a county court injunction or tribunal so I have a feeling he's dropping his breaches claim for the time being and just wanting money for the roof.

Again I have a good defence. I would like to know if I should deny all the claim or accept part of the claim but not the amount he is asking for? I have offered him £100 which would have been my share if the roof was only repaired (that's all it required). I also mentioned mediation which he ignored. However, he is trying to claim over £1,200 for a roof renewal that was his personal choice and upgrade and then just expects me to pay his over inflated quote. If I had agreed to the new roof, my own quotes were far cheaper from more qualified tradesmen. My contribution would have been around £700 but he wouldn't allow this. So should I say I will offer £100 with my arguments for defence? I have around 10 points that show he hasn't done correct procedures and has lied.

Any suggestions about how to go about my defence would be appreciated.

[echat11]

First Acknowledge the Service online that will give you more time to work on your Defence, an extra 14 days, so 28 in total, plus extra an extra for postal.

https://legalbeagles.info/library/gu...ledge-a-claim/

I'd would be tempted to defend the whole claim, especially as you have been 'harassed', police etc, you offered to pay what you believe the repair costs (£100) and you've never seen a breakdown of costs.
He'd get a nasty shock if you counter sued for 'Harassment', but it might be 'a road that you don't want to down.'

The following is an example of a Credit Card Defence, take out all the Credit Card bits, amend it to suit your case.

https://legalbeagles.info/library/gu...-court-claims/

[nw0307]

First Acknowledge the Service online that will give you more time to work on your Defence, an extra 14 days, so 28 in total, plus extra an extra for postal.

https://legalbeagles.info/library/gu...ledge-a-claim/

I'd would be tempted to defend the whole claim, especially as you have been 'harassed', police etc, you offered to pay what you believe the repair costs (£100) and you've never seen a breakdown of costs.
He'd get a nasty shock if you counter sued for 'Harassment', but it might be 'a road that you don't want to down.'

The following is an example of a Credit Card Defence, take out all the Credit Card bits, amend it to suit your case.

https://legalbeagles.info/library/gu...-court-claims/

Hi. Thank you for the links. Actually I was thinking of counter suing him with the harassment angle. He's still not letting up on that and I've recently had all the panels down the side of my car keyed in the local car park which he walks by every day. Even the police are certain he's the culprit but as the CCTV opposite missed my car by a few feet, I don't have proof. The police have actually put his name as the likely person in the police report. He's even ripped my house number sign off the side of the passageway and then asked why I had removed my own sign. It's clear he emailed to tell me he'd done it without actually admitting it. He's just desperate for attention.

Can you put in a counter claim for harassment in a Money claim online? And what would I ask for regarding damages? I realise I can't get much in the way of costs due to being a small claims court but due to his unreasonable behaviour, is there a chance I could get some of my costs back?

[des8]

You can counterclaim for harassment under the Protection from Harassment Act 1997.
The level of damages seems to be around £7,500 (but the smaller cases with smaller awards won't be reported)

[nw0307]

You can counterclaim for harassment under the Protection from Harassment Act 1997.
The level of damages seems to be around £7,500 (but the smaller cases with smaller awards won't be reported)

that sounds great. I don't think he'll be aware of that and this harassment is really taking it's toll. He can't stand being ignored so then starts it up to get any kind of reaction. The police said he's a narcissist. However, the police won't do anything until he's done something really stupid that does have proof and then they can prosecute.

How would I go about adding the harassment part to my defence?

[echat11]

You basically tag it on to the end of your Defence as a point. A brief point.

https://www.judiciary.uk/wp-content/..._in_Person.pdf

Then if you are going to Counter-claim that can be done at the same time as your Defence in the one document, again tagged on at the end of your Defence.

[nw0307]

You basically tag it on to the end of your Defence as a point. A brief point.

https://www.judiciary.uk/wp-content/..._in_Person.pdf

Then if you are going to Counter-claim that can be done at the same time as your Defence in the one document, again tagged on at the end of your Defence.

do you need to do a comprehensive detailed account of each incident of harassment or attach a diary or something? I also have some video footage and screenshots of threatening messages via facebook. Or is this stuff that you add later in the process?

Really grateful for all your help guys. This man needs to learn he can't behave like this time and time again, and he will not drive me from my home.

[echat11]

do you need to do a comprehensive detailed account of each incident of harassment or attach a diary or something? I also have some video footage and screenshots of threatening messages via facebook. Or is this stuff that you add later in the process?

Really grateful for all your help guys. This man needs to learn he can't behave like this time and time again, and he will not drive me from my home.

Not at this stage, you can just out line the harassment, i.e. 'Between March 2013 and May 2017 the Claimant has harassed me verbally (describe elements of harassment) etc. The harassment continues to this day. I have called the police on numerous occasions to no avail'.

You Witness Statement will have much more detail, that is for later.

[nw0307]

Not at this stage, you can just out line the harassment, i.e. 'Between March 2013 and May 2017 the Claimant has harassed me verbally (describe elements of harassment) etc. The harassment continues to this day. I have called the police on numerous occasions to no avail'.

You Witness Statement will have much more detail, that is for later.

super. Thank you. As you can see, with 30+ years owning my own houses, I've never been to court or had any dispute with neighbours so this is all new to me!

[des8]

My apologies, but I mis stated the position.
You can only counterclaim for losses arising from the same matter (so for loss of enjoyment because of the mess and scaffolding left on your land outside of the permission you gave him, the electric shock you got etc)
Those matters might be part of the harassment, but it would probably be better to issue a separate claim for the harassment

[nw0307]

My apologies, but I mis stated the position.
You can only counterclaim for losses arising from the same matter (so for loss of enjoyment because of the mess and scaffolding left on your land outside of the permission you gave him, the electric shock you got etc)
Those matters might be part of the harassment, but it would probably be better to issue a separate claim for the harassment

ah okay. That's a shame. I've got so much on the harassment front but I guess the losses of having no enjoyment for over a month, and the absolute mess and danger of the work due to no protection nets being placed at my side of the house. He put these nets at the front as it's a main road and he had to be seen to do all the right things. The rear he let razor sharp pieces of roof slate fall over my property including outside my door. I've even got video footage of all this mortar coming down from the scaffold above, all over where my door is. I also have the text messages from the roofer who admitted he was told to leave the scaffolding for longer as he had other work to do himself. Again, that's a breach of the lease as it wasn't essential repair work but him starting on another god awful balcony that looks like a prison watch tower.

so what would I call this counter claim? Would it still be under the harassment act or something else? I certainly think he's broke one of the lease agreements and the neighbouring land act too

[des8]

Give us a couple of days to think about it????
In the meantime can you post up the particulars of claim (and possibly your draft defence if you have yet worked on it)/