Re: Neighbour dispute - damage to property

[atendoftether]

Hi unfortunately I am in a very similar situation as my neighbour from hell removed a whole chimney and removed and not replaced some of my party wall without informing me in any way whatsoever and caused severe damage to the roof which is causing really bad water ingress in my roof ceilings and walls . He then sold on the property although I am not sure how valid it is as he is a loans manager for the commercial aspect of his bank still continued to live in the house and do major works after it. As there was a new landlord I wrote to him and after he initially agreed to fix it has now refused to answer any recorded delivery precourt protocol letters , so I am taking him to court over 6 damp months on the basis of disrepair and asking for compensation to replace damaged wall paper/plaster and potentially ceiling joists in my home. I would advise you to get legal advice on how to proceed but would also refer you to pre court protocol sending recorded delvery letters sending clear photos and detailed accounts of the damage, even if you can get a surveyors building control officers opinion. The 1996 party Wall is good but largely unenforcable as councils or buiding control are largely disinterested and it is enforced by civil action. People have advised me to do his roof repairs for the sake of a quiet life, but considering that he was just paid £250 ooo for it, gets £1.4k pcm and I am on £12k year I do not think it is a good idea, also I would be trespassing if I went on his property and could be sued. It was suggested that insurance would be interested but they can only assess and correct damage on your side if the leak continues this willl resolve nothing.
On the plus side from looking at available case law there is a greater preceedent for tenants suffering harm as result of disrepair from a neighbouring property and your case is likely to be more straight forward than mine. I would also counsel you on using the land Registry, which is thankfully cheap and easy acessed to make sure that you get the right person if you need to take action.
Good Luck I will keep you posted if I glean any nuggets of wisdom from pursuing my case. Also if the house is for sale you could let him know that it is illegal if he does not disclose details of any ongoing neighbour disputes and you might feel morally compelled to let potential purchasers know, if as in my case trying to be reasonable has failed

[Bizziemum]

Re: Neighbour dispute - damage to property

Hi Atendoftether,

Thanks for your post and I totally empathise with your situation. I now have the council chasing him on behalf of myself and my tenants due to 'nuisance' and will be seeking formal legal advice with a view to a claim for damages (with my sanity at the top of the list! ;-) ). Thanks for your pointers, we have already written to him and his estate agent, detailing the whole situation, pictures and builders report included.
Best of luck you too, do keep us posted on how you get on and I will do same.