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Ok Help please if possible.
situation is -
-Neighbour replaced flat roof (next door terrace 2019)
-My house started to leak
- Approached neighbour and was told it is my responsibility as my roof is old and his builder warned him about it.
-He called out the builder who said the same but avoided providing evidence. Instead tried to sell me a good which made me very suspicious.
-I agreed to look at replacing my roof but asked repeatedly where the leak was coming from. Both parties ultimately dug in their heels until I was issued a letter before action for nuisance after approx 3 years. No real evidence provided though.
-I initially denied responsibility in a response asked for clear proof of ingress and agreed to mediation on the basis that he repair the roof and remove the overlap (it has been built to encroach on top of my roof). I quickly thought better of this and agreed to make repairs but still denied liability.
- I fitted the missing seal between our two flat rooves that his builder omitted initially and resurfaced my roof as the letter demanded that I replace my roof. The leak all but stopped but there was a small residual leak that ended up being resolved by pulling off my roof/ replacing the soaked boards and refelting everything. This was around 6 months later. My builder attributed this to hidden damage and states he did not remove any of the roof surface just seal it.
- I got a surveyors report and drone photos for the initial repair that clearly show liability lies with neighbour they did not make a joint between the two rooves but left a gap. My builder agrees.
-contacted neighbours solicitor to make them aware I had this evidence and they demanded it within 14 days. I did not comply.
I now wish to claim but am unsure of how to proceed as I am outside the boundaries (pre action protocol). Give or take 18 months have passed since I last spoke to his solicitor.
Any advice? It would be a small claims track job if anything. Should I perhaps sue the builder?
situation is -
-Neighbour replaced flat roof (next door terrace 2019)
-My house started to leak
- Approached neighbour and was told it is my responsibility as my roof is old and his builder warned him about it.
-He called out the builder who said the same but avoided providing evidence. Instead tried to sell me a good which made me very suspicious.
-I agreed to look at replacing my roof but asked repeatedly where the leak was coming from. Both parties ultimately dug in their heels until I was issued a letter before action for nuisance after approx 3 years. No real evidence provided though.
-I initially denied responsibility in a response asked for clear proof of ingress and agreed to mediation on the basis that he repair the roof and remove the overlap (it has been built to encroach on top of my roof). I quickly thought better of this and agreed to make repairs but still denied liability.
- I fitted the missing seal between our two flat rooves that his builder omitted initially and resurfaced my roof as the letter demanded that I replace my roof. The leak all but stopped but there was a small residual leak that ended up being resolved by pulling off my roof/ replacing the soaked boards and refelting everything. This was around 6 months later. My builder attributed this to hidden damage and states he did not remove any of the roof surface just seal it.
- I got a surveyors report and drone photos for the initial repair that clearly show liability lies with neighbour they did not make a joint between the two rooves but left a gap. My builder agrees.
-contacted neighbours solicitor to make them aware I had this evidence and they demanded it within 14 days. I did not comply.
I now wish to claim but am unsure of how to proceed as I am outside the boundaries (pre action protocol). Give or take 18 months have passed since I last spoke to his solicitor.
Any advice? It would be a small claims track job if anything. Should I perhaps sue the builder?
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