damage made by careless of neighbour

[boloney]

hi.

I got an issue with my neighbour. he turned his garden into builders yard. he is got ladders there, playwood, insulation sheets (they approx 2mx1mx100mm. and there is a problem, yesterday was windy and 6 ofthem were blown of his extension roof into my next door neighbour garden (4 of them) and 2 into my garden. when first one landed on the roof of my conservatory my wife when out see what happened, as she was going out with her phone in her hand she seen another one flying straight at her, so she was trying run in. and thats where the problem is, she dropped the phone and screen is broken. it was`t her fault as she was running for life, it was`t damage made by him intentinally. but now she is without the phone which will be fine without his flying insulation.

how do I approach him to at least repair the phone?

all suggestions are welcome.

thanks

[Ganymede]

Is there a building company there or is your neighbour doing the work himself?

[boloney]

It is residential area, he is got building company and is using his front and rear garden more less as builders yard. His company could be registered under this address. But does it make any changes? It could kill someone, thanks god it was raining and kids were jot playing in the garden.

[Bombaymix]

Tricky...

 

If one of the panels had smashed your conservatory roof then I should imagine he would have been liable. But I imagine that as the sheeting caused no damage, then the repair of your wifes phone will actually be your own responsibility...

 

Is the phone insured?

 

You could advise this guy of the damage caused to the phone and hope that he offers to pay towards its repair as a gesture of goodwill.

 

If you don't think the yard or anything kept or stored in the yard is safe. Maybe a call to environmental health might be the next step.

[Ganymede]

It is residential area, he is got building company and is using his front and rear garden more less as builders yard. His company could be registered under this address. But does it make any changes? It could kill someone, thanks god it was raining and kids were jot playing in the garden.

 

 

 

I would go after the building company for not securing the ladders etc in the high winds.

[oleg]

Check with the Council whether he has permission to run a business from home.

I would report the dangerously insecure storage of heavy items to Trading Standards.

His business, if it officially exists, should have insurance cover which you should claim against.

[queensclose]

Check with the Council whether he has permission to run a business from home.

I would report the dangerously insecure storage of heavy items to Trading Standards.

His business, if it officially exists, should have insurance cover which you should claim against.

 

 

you could be opening a can of worms reporting neighbours. i would speak to him about your concerns and explain how because a sheet can hurling at her she smashed her phone. if hes decent he will replace. if he rants and raves then i would use the above approach.

[boloney]

Bombaymix I Have told him about it, he looked confused. I told him I'm giving him a week to make his mind and I will be taking legal action against him.

As for conservatory roof, panels are ok, only covering panel fell of. Phone was't insured so I can't claim for it, we do look after our stuff and thinks like this are unexpected.

I will be letting council and trading standards know about it as it is't first time it happened. My NeXT door neighbours had them panels once in the garden before.

But how can I claim for something that was't caused by him. It was an accident which would't not happen if he was responsible person and had secured his materials.

[steampowered]

Its not obvious to me that the neighbour is liable for this. He might be, but I would think it is more appropriate legally to go after the builders. It sounds like it wasn't the neighbour who failed to secure the ladders it was the builder.

[boloney]

What in the case that builders and neighbour are the same people. He owns and run company. I will have to look at his van but as far as I remember he is running Ltd company. Do I have a leg to stand on in court? And the other think is how do I prove that damage occured at the time when his insulatuon was flying? Last text I got from my wife at 11.30 and then she started sending me emails about 3 p.m and in the first one she wroted that her phone is not working due to accident caused by flying items. She did't even know what it was, not used to with builders items. I know it's tricky but I will do everything to prove that it was his fault, can't affort to throw £300 phone only because my neighbour does't have common sense.

[steampowered]

Then I guess technically you should probably proceed against the Ltd company if the Ltd company were undertaking the work, although there may be argument for pursuing the individual as well.

 

I think perhaps a step back is needed. This does not strike me as a case where legal action is appropriate. It is time consuming, there will be court fees and it will result in a very bad relationship with your neighbour. Is there no way to resolve this amicably?

[boloney]

he was doing some work on the house himself in last 12 months, building roof extension, conservatory and shed at the back of his garden.

I will try resolve the issue without going to the court, but I don`t know if he will cooperate with me. I told him yesterday that I`m giving him a week so he can think about it. we will see what he says next week.

I know the fee will be payable, but it would be more/less £30 for start.

There is no relationship at the moment between us so there will be no change he lives 2 doors down, I have spoken to my next door neighbours and they had enough of him, since he moved in there was nothing else just trouble coming. it was`t first time something was blown away from his garden but the first time only my next door neighbours had damage.

thanks for advice.

[gpmsc]

he was doing some work on the house himself in last 12 months, building roof extension, conservatory and shed at the back of his garden.

I will try resolve the issue without going to the court, but I don`t know if he will cooperate with me. I told him yesterday that I`m giving him a week so he can think about it. we will see what he says next week.

I know the fee will be payable, but it would be more/less £30 for start.

There is no relationship at the moment between us so there will be no change he lives 2 doors down, I have spoken to my next door neighbours and they had enough of him, since he moved in there was nothing else just trouble coming. it was`t first time something was blown away from his garden but the first time only my next door neighbours had damage.

thanks for advice.

 

If you neighbour had complaind an warned him google Vaughan v Menlove (1837) 132 ER 490 (CP) and raise an action on those grounds everyone has a DUTY OF CARE if you can not settle amicably.

 

I am not a layer this is just through my own experience and court cases I have won to win you need do do your home work and lots of research

[Surfer01]

Bombaymix I Have told him about it, he looked confused. I told him I'm giving him a week to make his mind and I will be taking legal action against him.

As for conservatory roof, panels are ok, only covering panel fell of. Phone was't insured so I can't claim for it, we do look after our stuff and thinks like this are unexpected.

I will be letting council and trading standards know about it as it is't first time it happened. My NeXT door neighbours had them panels once in the garden before.

But how can I claim for something that was't caused by him. It was an accident which would't not happen if he was responsible person and had secured his materials.

If you have contents cover you may be able to claim for the phone. Do you have a legal aid policy included in your building and contents cover? If so, use it.

[boloney]

thanks for advices. they warned him verbally, and they had damage before, they have lots of lights in the garden, those were damaged and he paid for replacement.

I have`t got cover, I`m renting the property.

How do I address the letter as I don`t know his name ? do i need his name to start court proceeding?

[raydetinu]

If he is building an extension etc. you could go on council planning site to see if he made an application, that would have his name on it!

or 192.com would give it to you, but you have to pay I think.

Does his van have a name on it, you could company search to see if it is registered, that would give the registered address and directors/owner.

If council do not know he is running a business from his house that may affect his rates/council tax ( business rates may apply ).

or you could just ask him and maybe bring up the above points that you may be exploring! He may be more sympathetic to your claim if he thinks he could be exposed by more close examination.

[gpmsc]

I would go after the building company for not securing the ladders etc in the high winds.

 

It is not the builders problem unless the householder is the builder (Google Rylands V Fletcher)

 

Gerry

[sequenci]

Rylands v Fletcher, there's a blast from the past. It'll be interesting how the 'likely to do mischief if it escapes' test can be quantified here, though (As per Transco plc v Stockport Metropolitan Borough)