Neighbour's continuing damage to my home

[Madgrrl]

Re: Neighbour's continuing damage to my home

I called Citizen's Advice. They're going to call me back tomorrow.

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.

I'll see what the CAB say to me. He's still not home. Probably avoiding the situation. Hate him.

I've also taken photos and video footage.

[Madgrrl]

Re: Neighbour's continuing damage to my home

Interesting.

He just got home. I got him in corridor and explained that the water was still dripping in, worse now. He said, "What?! do you want me do something about it just now?! That's not my priority. Well, it is one priority, but I have bigger priorities. I did say I'd get it done and I will."

Now, he had told me the other day that his dad has cancer. And I'd said I was sorry about that. But... this is my home. And it's his home as well. And unless he gets those tiles lifted there's going to be a hell of a lot of damage. Not just to my property. There is already damage.

I told him about the £250 excess and that I am not going to pay that.

He ranted a bit again. I told him not to raise his voice.

As he was going up the stairs he muttered, "Get off my f***ing case about it."

I slammed the door behind me a bit as I went in. God, he makes me so angry!

[enquirer]

Re: Neighbour's continuing damage to my home

Get a surveyors or builders report and drag him through the courts.

[PlanB]

Re: Neighbour's continuing damage to my home

feuhold?

Yep. Not a typo. It's a Scottish thing. Thanks FP for explaining that property laws are different North of the Border :yo:

[PlanB]

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?????? 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!

This is how insurance claims work in England and Wales and I'm pretty sure it's the same in Scotland but you must check this out.

1. You make a claim for the damage to your property from your own insurer.

2. Your insurer charges you the excess only (£250 in this case).

3. Your insurer subrogates its loss by claiming the cost of your repairs from your neighbour because it's his fault (if it's his fault). In other words it costs them nothing to fix the problem.

4. You then claim the £250 excess (and any increase in your subsequent insurance premium because you've made a claim) from your neighbour through the county court. The small claims court limit remains £3,000 in Scotland although it increased to £10,000 in England and Wales this month so you will not risk any legal costs if you pursue this. But a court will expect you to have claimed off your own insurance in the first instance.

[PlanB]

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.

I'll see what the CAB say to me. He's still not home. Probably avoiding the situation. Hate him.

I've also taken photos and video footage.

I sense you're feeling intimidated by your neighbour which is a seperate issue from your insurance claim albeit linked. I would seriously consider going for an ASBO against him. Here's some information on how to do that for people living in Scotland:

http://www.adviceguide.org.uk/scotla...r_scotland.htm

[Ruby]

Re: Neighbour's continuing damage to my home

Whatever his family situation is and however stressful, there is no excuse for rudeness! I lost both my parents to cancer and never behaved in such a disgraceful manner!

Sorry I'm not really helping your situation in practice but it does make my blood boil when people are rude and thoughtless!

[Madgrrl]

Re: Neighbour's continuing damage to my home

Today I visited Citizen's advice bureau.

I was told that I should contact either my council or my local counsellor and ask for a repair order (which should be doable, even if we both own our properties.) The lady I spoke to was amazed that my neighbour owns his house and yet is seemingly so reluctant to sort this out.

My local counsellor is holding an evening surgery later tonight, so I'm going to go and ask some advice.

Thanks for all your comments.

[Madgrrl]

Re: Neighbour's continuing damage to my home

Quick update -

I spoke to my local counsellor and his advice was to call the police. He's not sure he can do anything but he said he could perhaps arrange for someone to come round and speak to my neighbour. But he again said I should call the police.

I phoned my dad when I got home and he said, what can the police do? Did he say that due me mentioning the previous threats to him and his attitude? ie the antisocial behaviour aspect rather than the fact that he's damaged my property and has not put steps into place to stop the leak? I don't know. My head is spinning with it all.

So, I've not phoned the police...yet. I'm going to call the council tomorrow and see if they can issue a repair order. Next step after that is calling the police - he can't say I've not given him adequate time to try and stop the leak.

[PlanB]

Re: Neighbour's continuing damage to my home

Today I visited Citizen's advice bureau. I was told that I should contact either my council or my local counsellor and ask for a repair order (which should be doable, even if we both own our properties.) The lady I spoke to was amazed that my neighbour owns his house and yet is seemingly so reluctant to sort this out.

That's interesting. A 'repair order' against who

[Madgrrl]

Re: Neighbour's continuing damage to my home

That's interesting. A 'repair order' against who

My neighbour. I don't know the ins and outs of it unfortunately, that's just what the guy said. I'm assuming it's along the lines of "You need to get this sorted because it's a health hazard." No idea though, I'll find out tomorrow when I phone them.

[PlanB]

Re: Neighbour's continuing damage to my home

I spoke to my local counsellor and his advice was to call the police. He's not sure he can do anything but he said he could perhaps arrange for someone to come round and speak to my neighbour. But he again said I should call the police.

I phoned my dad when I got home and he said, what can the police do? Did he say that due me mentioning the previous threats to him and his attitude? ie the antisocial behaviour aspect rather than the fact that he's damaged my property and has not put steps into place to stop the leak?
.

I'm with your Dad on this. Why would the police have any interest in a bathroom leak? It's not a criminal offence is it? Anti-social behaviour is (or can be) worthy of an ASBO which is a whole other issue.

Have you spoken to your insurers again ?

[Madgrrl]

Re: Neighbour's continuing damage to my home

My insurance company sent me an email about the hypothetical claim. Just a basic email stating that person x is my claim representative, contact details blah blah. I sent her an email updating her on what happened last night and saying I was going to see the CAB. Oh, and asking if I could claim back the £250 through a small claims court should I proceed with the claim (against the neighbours insurance if he has any). I've not heard back, but looking again it might be that I've replied to the wrong email address.

[PlanB]

Re: Neighbour's continuing damage to my home

My neighbour. I don't know the ins and outs of it unfortunately, that's just what the guy said. I'm assuming it's along the lines of "You need to get this sorted because it's a health hazard." No idea though, I'll find out tomorrow when I phone them.

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

[PlanB]

Re: Neighbour's continuing damage to my home

My insurance company sent me an email about the hypothetical claim. Just a basic email stating that person x is my claim representative, contact details blah blah. I sent her an email updating her on what happened last night and saying I was going to see the CAB. Oh, and asking if I could claim back the £250 through a small claims court should I proceed with the claim (against the neighbours insurance if he has any).

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.