Advice needed please - neighbours neglect is causing ongoing damage to our property

[marleymouse]

Hi everyone,

We own our 3 bed semi detached ex council house & the adjoining property belongs to the local council & our neighbour is a council tenant. Both gardens are small & theirs is terribly overgrown & has been for many years, plus it contains piles of rotting furniture including mattress & settees etc. which attracts vermin. Fortunately over the years with a 6' fence between us we have managed to try & ignore it & just cut back the brambles & repair damage caused to keep our own garden neat & in good order. However I am disabled & my husband is a pensioner & due to ill health he is no longer able to cope. The massive trees overhang our garden way out of reach & shutting our light, they drop debris & sap on our property, the roots damage out paving & the huge branches sway alarmingly in the wind so we are fearful to use our garden. We also fear the deep roots may damage the sewer pipe that run through the gardens. Self seeded saplings are left to grow at will & ivy grows up her wall into her doors & windows shredding her nets, this grows up under her eaves & completely blocks her gutters which in turn causes ours to overflow. The ivy is now spreading across into our eaves & the constant overflow from her blocked gutters is damaging our fascia's.

We need to replace our damaged fascia's & gutters as the inside of our house is becoming effected but if the cause is not addressed it will be a waste of money. Please can anyone advise regarding any of these issues? Do the council have any responsibility to us or to sort out next doors problems? What are our rights?
Any information would be much appreciated.

[des8]

Re: Advice needed please - neighbours neglect is causing ongoing damage to our proper

Regarding the rubbish contact your local environmental health department.

Regarding trees etc which are encroaching over your property, you can lop them back (above and below ground) to the boundary line if the neighbour refuses.
You have to offer the neighbour the trimmings, but if they don't accept them you will be responsible for their disposal.

Regarding blocked gutters/dangerous trees which are damaging your property contact the Housing Repair department, and tell them if it ain't put right you will be lodging a claim.

Also might be worth contacting your local councillor and telling him of your problems and what you are doing, and ask for his support

[marleymouse]

Re: Advice needed please - neighbours neglect is causing ongoing damage to our proper

Many thanks des8,

We have lived here 40years & the neighbour about 20years, they are much younger & we have nothing in common but we have always got on ok albeit just politely passing the time of day, she is quiet & keeps herself to herself avoiding contact with everyone around here & is not approachable which is why we have never risked bad feeling or conflict by broaching the garden issues. It is clear from the conditions she & her grown family live in that they do not feel any need or responsibility to deal with anything so we wrote to the council direct explaining the damage & our struggle to deal with it.

A few weeks ago a council housing officer for this area came & viewed everything & agreed it was terrible & unacceptable saying she would relay to the appropriate department to see if anything could be done & they would approach the tenant, I put the issues we discussed in writing & asked for that letter to be given to the relevant department but have heard nothing at all.. When I rang them today for an update the officer said she had done nothing about it to date as had other more important issues & would now be away for three weeks holiday so would see what important work was pending on her return & then address this in due course.

She was very dismissive & different from when she visited, she more or less said because we are private owners the problems their tenants negligence may be causing to our property is nothing to do with them. I now feel she just gave us false information when she visited despite there being loads of rubbish strewn everywhere next door even in the front garden when she visited and the gutters were overflowing.

I had thought the vermin risks would have prompted a more urgent response but clearly not. In the meantime I had hoped to be able to get my repairs under way before the winter but I cant until next doors gutters are cleared as one length of gutter covers both houses & her side is completely full with dirt & foot long grass growing & totally covered in ivy, it can only be accessed via next door so we feel unable to proceed without the councils consent.

Do you think as you suggested I should just go ahead & contact environmental health & my local councillor now rather than wait for this officers return? I am disappointed she has not passed on my letter to appropriate repair department as requested so maybe I should approach them too?

I am worried about upsetting anyone in this process but things do need doing asap to prevent further damage this winter.

Also what do you mean by and how do we "lodge a claim" as you suggest?

[CLL1]

Re: Advice needed please - neighbours neglect is causing ongoing damage to our proper

Right, this screams injunction and damages to me. What kind of trees are blocking your light? Are they evergreens or semi-evergreens/shrubs?

If they are, then the Council has powers to deal with them. As for the other aspects, your remedy is likely a mandatory injunction & damages. It's difficult to assist in a forum with these sorts of claims, so I would suggest that a quick call to a small handful of local law firms is your first bet, to get an idea of costs.

[des8]

Re: Advice needed please - neighbours neglect is causing ongoing damage to our proper

Whilst going down the legal route I would still get on to environmental health, the housing repair department and also your local councillor.
Whilst speaking/writing to the latter also complain about the housing officer's non action.
Your councillor is your elected representative and needs your vote... remind him if necessary.


"lodging a claim" = if they don't put their house in order you will make a court claim for the damages suffered by yourselves.

[marleymouse]

Re: Advice needed please - neighbours neglect is causing ongoing damage to our proper

Many thanks for your responses, I will make some calls on Monday

By the way they are massive Sycamore & Ash trees that tower way above the houses plus one lone tall fur tree, I am not sure what all the unruly shrubs are.

[CLL1]

Re: Advice needed please - neighbours neglect is causing ongoing damage to our proper

Many thanks for your responses, I will make some calls on Monday

By the way they are massive Sycamore & Ash trees that tower way above the houses plus one lone tall fur tree, I am not sure what all the unruly shrubs are.

That's a shame, we could have looked to rely on Part 8 of the Anti-Social Behaviour Act 2003!

Threat of damages and injunction it is. Let us know how your calls went, we can always put a letter together for you.

[des8]

Re: Advice needed please - neighbours neglect is causing ongoing damage to our proper

Just to add to your woes but have you checked if your house insurance makes any assumption about trees?
Not all do, but some insurances have conditions regarding tall trees proximate to the buildings.

[marleymouse]

Re: Advice needed please - neighbours neglect is causing ongoing damage to our proper

I had family emergency over weekend so unable to make calls but posted a letter last night to local council environmental dept outlining the issues raised and the dismissive response I received from the housing officer when I rang for an update.

I received this from the housing officer thismorning so the letters have crossed.....

"Dear
Thank you for your letters received by me on 01/09/2016 and 05/09/2016.

Further to our telephone conversation today on 9/9/16, I am writing to confirm that I will investigate the issues with the garden at on return from my annual leave, but that it is unlikely to be a quick process as I will need to deal sentively with yur complaint about the garden with our tenants. If you feel the repairs annot wait it is your right to contact a private contractor."

This council officer knows that ongoing damage is being caused and took photos. She knows we are in a vulnerable position as I am physically disabled and my husband is a pensioner with deteriorating memory and health problems which is very stressful. She says I can contact a private contractor but I don't want to do this without resolving this especially as the problem gutter overlaps the two properties equally. The council tenants side is badly blocked and overgrown which has and is causing the damage to our property and would be evidence of this.

I am unsure what to do next

NB: I first contacted the council about the issues via telephone at the end of July then in writing on 1/9/16.

[des8]

Re: Advice needed please - neighbours neglect is causing ongoing damage to our proper

Also contact housing repair, your local councillor and the CEO of the council.
Complain vociferously, and explain about your vulnerability.
Also tell them that as housing officer has advised you to instruct a private contractor you will be doing so at the council's cost. (not quite what he said, but a bit of spin won't hurt if it gets them moving!)

At same time I think you must seriously contemplate CLL's advice about injunctions and claiming damages

[marleymouse]

Re: Advice needed please - neighbours neglect is causing ongoing damage to our proper

That's a shame, we could have looked to rely on Part 8 of the Anti-Social Behaviour Act 2003!

Threat of damages and injunction it is. Let us know how your calls went, we can always put a letter together for you.

I would really appreciate help putting a letter together if that's possible please.

[marleymouse]

Re: Advice needed please - neighbours neglect is causing ongoing damage to our proper

I have been told that if the gutters and fascia's were replaced on the council property next door within the last 6 years and the work was not completed correctly by their contractors I have a case of negligence.

I cannot remember when the council had the work done to the council properties in this road but I am sure it was well within 6years. When the work was done the contractors did not replace the length of guttering that equally overlaps the two properties both at the front and back. We are semi detached with next door and originally the gutters and fascia's where the same & ran together. Now their newer fascia's joins ours at the centre of the two properties and the old gutter just sits inside the other over her side. This has effected the flow along our gutters & it is where the join is on her side that debris and grass has built up creating overflow our side which is rotting our fascia's.

We did not notice the remaining gutter initially or realise the implications of it when we did, we just thought it was a cheeky cop out that the old length of guttering was left rather than giving us a length of new. Over the past few years my husbands health & memory has deteriorated which has been very sad & hard for us both, the things he once dealt with have lapsed. With so many changes & adjustments to our daily lives I am struggling to keep on top of these issues, I can do it but do need help.

I don't know how or who to write to about this to get something activated, can any one help please.

[des8]

Re: Advice needed please - neighbours neglect is causing ongoing damage to our proper

Regarding the damage to your property caused by substandard maintenance and building works to your neighbour's house, your recourse is against the council who own the property.
Did you complain to the people I suggested?
Your local councillor should be helping you.... don't forget he relies on your vote to keep his seat.

You do sound under pressure due to your family circumstances, so I would be loathe to go down the court process if it can be avoided.
Speak to them first, point out the problems and the stress and tell them you expect the council to put things right asap.
If you get no joy we can then start becoming legalistic

[CLL1]

Re: Advice needed please - neighbours neglect is causing ongoing damage to our proper

I would really appreciate help putting a letter together if that's possible please.

I would really appreciate help putting a letter together if that's possible please.

ADDRESS TO THE COUNCIL OFFICE
FTAO: LEGAL DEPARTMENT


Dear Sir(s),

[marleymouse]: claim in private nuisance and trespass relating to trees and roots emanating from [neighour’s property]

This letter is being sent to you in accordance with the Practice Direction on Pre-Action Conduct and Protocols (the Pre-action PD) contained in the Civil Procedure Rules (CPR). In particular, we refer you to paragraphs 13 to 16 of the Pre-action PD concerning the court’s powers to impose sanctions for failing to comply with its provisions. Ignoring this letter may lead to our client commencing proceedings against you and may increase your liability for costs.


PRIVATE NUISANCE


It is understood that you are the sole registered proprietor of [neighbour’s address], and accordingly, you are primarily responsible for the maintenance of the property and its garden. You will be aware from your records that I have, on a number of occasions, reported an issue of growing roots and trees which are causing a nuisance and are trespassing onto my land.

The following reports were made to you or your authorised representative(s):

1. [set out dates of reports and details of what was reported]
2. [set out dates of reports and details of what was reported]
3. [set out dates of reports and details of what was reported]
4. [set out dates of reports and details of what was reported]
5. [set out dates of reports and details of what was reported]

These matters constitute a nuisance for which you are responsible.

The roots and tress continue to trespass into and over my land and such continues nuisance and trespass will result in further loss and damage to me. I therefore request that you abate the continuing nuisance immediately, failing which I will be faced with no other option than to issue proceedings seeking an interim junction, pending determination of my full losses.


As a result of these matters, I have suffered loss and damage, such loss and damage to be assessed if not agreed. In the circumstances, you are liable to me for damages.

ALTERNATIVE DISPUTE RESOLUTION

I am willing to consider forms of Alternative Dispute Resolution (ADR) and would suggest that negotiation is the best method of ADR in the circumstances.


INSTRUCTING AN EXPERT

I propose that one of the following experts be jointly instructed an agreed expert] in the field of construction on the issue of damage caused by your trespass:

[INCLUDE HERE 3 EXPERTS YOU CAN FIND ON GOOGLE THAT LIVE CLOSE TO YOUR PROPERTY]


ACTION REQUIRED

In addition to abating the nuisance, payment by way of compensation will also be sought, such compensation to be assessed if not agreed.


We look forward to receiving confirmation that you accept liability for these matters, together with a full written proposal for settlement of my claim, within 21 days of the date of this letter.

[In the absence of the action requested and a full response by that date, I will issue and serve proceedings without further notice in private nuisance and to seek an order for an injunction from the court ordering you to abate the continuing nuisance, damages plus interest, and costs.

I fully reserve all my rights, including the right to commence proceedings against you (without further reference to you should that prove necessary).

Yours faithfully,

marleymouse

[des8]

Re: Advice needed please - neighbours neglect is causing ongoing damage to our proper

Nit picking!!
first paragraph delete "our client" insert "us"