Neighbour's continuing damage to my home

[Madgrrl]

Re: Neighbour's continuing damage to my home

OK that makes sense. But in England and Wales you can only play that card (council intervention by the Environmental Health team ) if you are in a rented accommodation or a lessee where the Freeholder has not fulfilled his legal duty under the terms of your lease (which you say you don't have). Maybe this is different in Scotland

Also check whether a leak is a health hazard under the Housing Act because it probably wouldn't be in English law:

http://www.scotland.gov.uk/Topics/Bu...onment/Housing

Well, the thing is, the main leak is coming through my light fitting. If I turn the switch on I could get electrocuted. Or it could go on fire, etc. Fortunately I'm not in my kitchen much after dark, I'd hate to think what an absent-minded flick of the switch might do. I'll check out that link, thank you.

You've done the right thing by putting them on notice of a potential claim :thumb: Most insurers have a time limit for reporting a claim once you know about it so it may make sense to turn that hypothetical enquiry into a real enquiry.

I didn't realise that about a time frame, I'll ask her about that too - thank you. Need him to stop the leak first Maybe if someone of authority speaks to him he'll be more careful in future. I can only hope.

[CleverClogs]

Re: Neighbour's continuing damage to my home

I phoned my insurance today (Morethan) and they told me that I have to pay a £250 excess even if it comes out my neighbour's insurance! WTF??????

Quite.

It does look as if Morethan is offering less than a decent response.

One of my colleagues told me that if I do that I should be able to claim back from a small claims court. So I really don't fancy going through the insurance now if that's what's going to happen. For something that was NOT my fault! The other option is for him to pay out for it out of his own pocket - but knowing him a) it'll be like getting blood from a stone and b) he'll go through one of his dodgy friends who makes a complete shoddy job of any repair work.

There is another option, of course - get the work done to your satisfaction and claim the cost from your nasty and negligent neighbour. If needs be, sue the bugger.

You certainly do not need to use whatever neep-headed numpty he chooses.

[CleverClogs]

Re: Neighbour's continuing damage to my home

I'm a little apprehensive about calling the police. I've called them on him before, when he had noisy parties but it was an anonymous phone call. This is different, and he's got a nasty temper.

Do you suppose he might have a tantrum when the plods pay him a visit?

[Madgrrl]

Re: Neighbour's continuing damage to my home

I don't know about tantrum, but when my dad politely asked him (after several weeks of no action) to sort out some other repair work a few years ago he told him he would "take his f***ing head off". He said "You don't know who I know!!! It's lucky you're an old man, that's the only thing that's saving you." My mother was there as well, and she was disgusted at the threats and the amount of f and c words coming out this man's mouth. Then, when another neighbour came out to see what all the noise was about, the upstairs neighbour roared at my dad, "Are you threatening me???!!!". When he was the one issuing all the threats! I was at work at the time, so I didn't witness it but I was shocked when my parents told me. I knew he was a bit hot-headed but I didn't think he'd resort to threatening my dad. We never told the police about the threats.

So, yeah, I'm a little worried how he might react if the police were to come to his door about this. But if nothing else works...


Neep-headed numpty, I reckon you're right there. When my bathroom was originally flooded he got a 'mate' to come round and put wallpaper back up. There was already a roll of wallpaper (it's not even proper bathroom wallpaper) in the bathroom cabinet's basket and when this guy eventually showed up he didn't say a word to me, he just glared at me then he put the paper up. I didn't feel good about having that man in my home. He smelled pretty nasty too. The wallpaper started peeling off again a few days later. So yeah, I don't want any of his 'acquaintances' sorting this out.

It looks like the leak has maybe stopped now. But, who is to say it won't start again, when he puts his washing on? I don't trust him one iota.

eta - I have always wondered if the woman I bought this place from (in 2006) had similar things happen. The bathroom had recently been done up when I viewed it. If so, should she have told me about it? I know there's a form you have to fill in now for prospective buyers about any issues that have come up whilst you have been living there. Does anyone know when this law came in? I had a look online but can't see. I'm worried I'm going to have so much trouble trying to sell this place once this is all resolved. I just want out now, I've had enough.

[PlanB]

Re: Neighbour's continuing damage to my home

when my dad politely asked him (after several weeks of no action) to sort out some other repair work a few years ago he told him he would "take his f***ing head off". He said "You don't know who I know!!! It's lucky you're an old man, that's the only thing that's saving you." My mother was there as well, and she was disgusted at the threats and the amount of f and c words coming out this man's mouth. Then, when another neighbour came out to see what all the noise was about, the upstairs neighbour roared at my dad, "Are you threatening me???!!!". When he was the one issuing all the threats! I was at work at the time, so I didn't witness it but I was shocked when my parents told me. I knew he was a bit hot-headed but I didn't think he'd resort to threatening my dad. We never told the police about the threats. . . . .

. . . I have always wondered if the woman I bought this place from (in 2006) had similar things happen. The bathroom had recently been done up when I viewed it. If so, should she have told me about it? I know there's a form you have to fill in now for prospective buyers about any issues that have come up whilst you have been living there. Does anyone know when this law came in? I had a look online but can't see. I'm worried I'm going to have so much trouble trying to sell this place once this is all resolved.

If your neighbour has threatened you directly then you can report him to the council who may pursue an ASBO against him (as I said before) but these incidents you describe seem to be anti-social behaviour against your Dad and you weren't even there at the time. Logically your Dad would raise the complaint. I would keep a diary of events noting absolutely everything negative that happens each day for a month. Here's how to see whether an ASBO would be appropriate:

http://www.scotland.gov.uk/Topics/Bu...ement/problems

The second issue is over disclosure of all this to a propspective buyer which you will have a legal duty to do. But if the issue gets resolved (water leak fixed) you must disclose it but then you can say hand on heart "settled" or "resolved". You bought the place six years ago so it will be hard to prove that the seller concealed anything from you then and maybe any claim would be SB


Ask yourself the question: would you still want to sell up and move if you could get the problem fixed?

[Madgrrl]

Re: Neighbour's continuing damage to my home

I'm ready to phone the police the instant he tries any funny business. I could barely sleep last night for worrying about what he might do.

If your neighbour has threatened you directly then you can report him to the council who may pursue an ASBO against him (as I said before) but these incidents you describe seem to be anti-social behaviour against your Dad and you weren't even there at the time. Logically your Dad would raise the complaint. I would keep a diary of events noting absolutely everything negative that happens each day for a month. Here's how to see whether an ASBO would be appropriate:

http://www.scotland.gov.uk/Topics/Bu...ement/problems

The second issue is over disclosure of all this to a propspective buyer which you will have a legal duty to do. But if the issue gets resolved (water leak fixed) you must disclose it but then you can say hand on heart "settled" or "resolved". You bought the place six years ago so it will be hard to prove that the seller concealed anything from you then and maybe any claim would be SB


Ask yourself the question: would you still want to sell up and move if you could get the problem fixed?

The thing is he has a friend who works in the council, in the department that deals with antisocial behaviour! I know this, because she came over to speak to me about a noise-related issue with my then nextdoor neighbours. She told me that when she saw the address she'd said to him, "OMG, is it you she's complaining about?!" So would prefer for her not to find out about this!

I do want to move. I've had it with this place. I know it's going to be difficult but I just want out. It's caused nothing but heartache. Shame as it is a lovely old flat with original features. Another negative is the crazy energy bills - my brother pays less than I do a month to heat a 3 year old, 3 bedroom detached home. And his heating is on all the time.

I've made and received a few phone calls today. The council have told me that they can't do anything about this as it is a civil matter. The lady I spoke to forwarded my details onto the environmental health dept but she reckons they will be unable to help for the same reasons. The fact that it might construe a fire or electrocution hazard doesn't seem to matter, as they don't know what is affected and it's not gone on for long enough apparently. She advised me to get someone from my insurers in to assess the damage, but when I spoke to them they said I should get an electrician in to assess the damage and how much it'll cost to fix everything.

I was told that I should write a letter to him (sent recorded delivery) detailing everything that has happened so far. And possibly get legal help. I drew up the letter today.

I do have legal services as part of my Morethan policy (ironically enough I'd thought "Oh I might need that" when I saw it as an optional extra, due to the previous leaks). But when I phoned up I was told... well I was told a lot of stuff that confused me. Confusing legal stuff and policy stuff. It seems that the legal services and the main claim would be separate entities (they're from separate companies) and to pursue both would make things very confusing. She advised me to phone the insurance and check if, after it's all sorted out they'll claim back from him both the amount that was claimed to repair things and my £250 excess. She said going down their legal services route would take longer and I couldn't claim back the £250. She said I can't go through a lawyer independently and claim back that money from them.

I've to phone my insurance back again to clarify some things but I'll leave it until tomorrow.

In the meantime I have a letter that needs tweaking before I send it out tomorrow. I imagine he will rip it up as soon as he sees it's from me. And maybe he'll come thumping on my door, going nuts. I am pretty scared but I'm not going to let that dissuade me from taking action.

It's been a long day. I lost it at work this morning, burst into tears. And my head is pickled with everything. I also feel somewhat detached in a way, like it's happening to someone else.

Thanks for all your comments and suggestions so far.

[CleverClogs]

Re: Neighbour's continuing damage to my home

In the meantime I have a letter that needs tweaking before I send it out tomorrow. I imagine he will rip it up as soon as he sees it's from me.

Can you print it on rip-proof Tyvek? (link)

[Madgrrl]

Re: Neighbour's continuing damage to my home

I've never heard of that stuff before! I'm not sure how I get access to that. Maybe I could laminate it? There's a laminator at work. But won't he just stick it in the bin regardless?

[Ruby]

Re: Neighbour's continuing damage to my home

It sounds like you live in one of our lovely old sand stone buildings we have in Scotland. I can understand why you love your flat. I am sorry I can offer you only moral support and not practical as I have had no experience in what you are going through and live in a modern house, much like your brother.

Thinking outside the box - Have you tried perhaps a gently gently approach with him? Eg. next time you see him ask him how his dad is doing and get down to his level and take it from there.

[Madgrrl]

Re: Neighbour's continuing damage to my home

Hmm I don't know. He's got my back up now and I'm feeling nervous. I already told him I was sorry to hear about his dad being ill. He talks right over everything you say anyway (even in a regular conversation, not related to damage he's caused). He's also very good at avoiding me (I didn't bump into him for about 6 months after he threatened my dad). I've not seen him since Monday and I'm not about to knock on his door again.

I'm a good person and just want to live peacefully. It makes me heartsick that this has happened and that I'm having to deal with it. But I'm sick of being a doormat.

[Ruby]

Re: Neighbour's continuing damage to my home

:hug: I would be tempted to cut my loses pursue the insurance claim and then sell the flat asap. It could very well be what happened to the person you bought the flat from.

[Madgrrl]

Re: Neighbour's continuing damage to my home

That's exactly what I'm going to do. And I'm so sorry it's come to this

[Ruby]

Re: Neighbour's continuing damage to my home

It will be just another chapter in your life you will look back on. Look to the future, most of us have good neighbours and so will you.

[CleverClogs]

Re: Neighbour's continuing damage to my home

It's a pity you cannot bung up his drain-pipes. :rofl:

[shell]

Re: Neighbour's continuing damage to my home

Phone the fire brigade and explain to them about the water leaking into your electricity. Because it is a multi occupancy building they have the power to force your neighbour to do something about it. He is putting lives at risk. Explain that nobody seems to want to do anything and you are at your wits end. There is no sense in getting the interior of your flat fixed if this problem is going to continue.