Help Problem with neighbour and damage to our property

[katiephil]

Hi everyone

Apologies if I have posted this in the wrong part of the forum, maybe a mod can move it for me.

The problem is with a neighbour and the upkeep of there property.

We live in a middle terraced type property and next door have not maintained there gutters correctly, in fact there rotten and falling off.

As a result, the water escaping has damaged our property.

The water has run through the cavity of the wall in the back bedroom and the kitchen downstairs.

The plaster in both rooms will need re-doing and the decoration is ruined.

Estimate of damage is £1000-£1500.

My insurance company will pay I think, but not until the neighbour has fixed there property.

I have tried to contact the neighbour by sending letters and even knocking on there door (no answer and no reply to letters).

The property is not empty as the curtains are closed and opened everyday there is a car parked at the front of the property and I can hear movement and noise coming through the wall.

I did some checks and the property is freehold, the land registry gave me the registered owners Name and stated that they have owned and had there address registered since 1984.

Police have been contacted and won't or can't do anything.

Solicitors have been called and advised I need to get in contact with them first before trying to get a court order to have them repair the damage.

Can anybody help I don't know what to do now, the damage is getting worse to my property and my insurance company will not lift a finger until the neighbour's damage is fixed.

[GlasweJen]

if you have proof that you sent letters then this should be enough to get your court orders. If not send a letter recorded delivery giving them 14 days to respond, then send another letter titled Letter Before Action asking them to fix it or you'll take them to court, give them a further 14 days and then off to court you go.

[katiephil]

Thanks for the reply jenschnifer

My last letter was recorded, just checked looks like the post man had to leave a "while you was out notice" looks like I will have to wait and see if they collect from the post office.

If the letters that I sent by recorded mail are returned to sender as un-delivered, how do I stand with court action and the repairs when the owner has not been seen or heard from?

[Lula]

it is just a thought but do you have a camcorder, if you have or could borrow one, you could film the letter, film yourself putting the letter into the envelope and posting it through their door, make sure that you get the house number or name on it

[katiephil]

Not a bad idea lula, finally I have a use for my digital camera in video mode lol.

Could this evidence be used in court??

Say everything goes to court and the judge rules that the neighbour repairs there property, what happens if they don't?

[Lula]

To be honest, I am not sure wether it can or not lol, but do it anyway , also, post another letter, this time at the post office and get proof of posting, not recorded, that way the postie doesnt have to wait for a signature and can just post through the door, dont forget to get pictures of the damage and the damage on the neighbours house that caused it

[katiephil]

I have the pics of the damage, but did not think of the proof of postage.

Thanks for your help.

The next battle will be with the insurance company, i hope they don't turn around and say because the neighbour’s gutters are rotten its wear and tear and am not covered for wear and tear. But it’s not my wear and tear so who knows.

[patdavies]

Why don't you let your insurance company do all the running around?

When they pay out your claim, they will be looking to recover their costs from the person who caused the damage.

[poppynurse]

Presumably this neighbour leaves the house sometimes? Can you not work out what time they come and go and catch them outside for a word?

[JOSH_IOU]

just as proof of delivery should they say that they never received the letter.

Obviously keep a copy of the letter

been through this entire sittuation before its not pretty. Have you considered mediation?

[katiephil]

I don't live at the address in question, so checking for when the neighbour comes in or out is not going to work.

The problem with the insurance is getting the work done in the first place, and your right they have said they will recover there costs and my excess from the owner of the other property.

But and its a big but, they have said the neighbour's damage needs repairing first before any money or works is done to my property, that’s why I need to contact the neighbour or get the repairs done first.