Tree on company owned land has fallen into my garden causing damage...do i claim from the company?

[Purpleflowers 2]

Priority is to get the garden fenced off...i can't wait for the response from the landlord

 

children are of different ages

 

The Letter Before Claim (used to be Letter Before Action) has to be a formal letter and you type LETTER BEFORE CLAIM in block capitals across the middle just before you start the letter itself.

 

Dear LL,

 

I have contacted you on many occasions about the behaviour of your tenants (names) .....

 

Then list numerically all the things they have done and the cost of removing rubbish, repairs to roof and so on.

 

Enclose an estimate for the cost and installation of a new fence, and the roof if this hasn't already been repaired, and tell him this work will be started in 14 days and you will be sending the bill to him. Offer him the chance to obtain his own estimates if he prefers.

 

Tell him that if he does not respond to your letter within 14 days with his confirmation that he will pay for the fence/roof/anything else you will immediately start a claim against him in the County Court for reimbursement of all your costs.

 

How old are the children btw?

[Purpleflowers 2]

...

Edited January 5, 2014 by Purpleflowers 2
spelling

[Purpleflowers 2]

thanks site admin

[Purpleflowers 2]

i have no idea why so many guys are walking to the house from the back where they won't be seen?

 

If they are all different men coming in at out she could be living off immoral earnings!

[Purpleflowers 2]

The fence needs to be repaired asap to stop the tresspassing...i don't have legal cover i'm sure it will be free as i am not working

 

You should be able to find out who the landowner is from the land registry website. This is the only way I can think of. Give it a go.

 

Yes make sure you get written evidence of everything - cost of how much to repair the damage, cost of how much to remove the tree and so on. If you want the fence repaired ASAP you should pay for it yourself and later seek to recover the cost from the landowner.

 

The council won't be able to help make the landowner pay you. They can't get involved in private legal disputes.

 

If you don't have legal cover you will need to make a decision whether to run the case by yourself or whether to pay for solicitors to do it. This will be largely determined by the amount of the claim ... since if below 10k you won't be able to recover your legal costs; if above 10k you will be able to if successful.

[Purpleflowers 2]

The council and police have fobbed me off for not helping all - they don't want to know...i find that disgusting!

 

Legal cover might be on your home insurance, if you have home insurance.

 

You can always tell the local councillors but not sure they will be able to do much. Might be interesting for the local press but again I doubt the landowner would be too concerned.

 

If the landowner tries to fob you off then you will need to decide whether to pursue him/her through the court system by issuing a claim.

[Purpleflowers 2]

could be anything there has to be a reason why so many guys are coming to the house everyday

 

drugs?

[Purpleflowers 2]

Good idea...what is a good camera system with motion detection that cover upto 25m - 30m with night vision which offers excellent video quality for evidence in court?

 

 

Simple answer, wait till theyre out and install a concealed camera covering your property but conveniently covering the walkway too. lets see this silly cow (your NFH) find an excuse for video evidence.

[Purpleflowers 2]

I doubt a hedge would stop these NFH they took down palisade fencing that someone in the area had

 

You could always plant a nice prickly hedge - roses make a nice hedge - one with nice big thorns on, make sure the plants are close enough together to ensure that anybody pushing between the bushes gets caught on the thorns, that should be enough to deter trespassers!

[Desperate Daniella]

If the children are 10 or over they are deemed to be criminally responsible. The police should definitely take action.

[Desperate Daniella]

Phone the LL and say you have to have the fence repaired to stop the trespassing and he will be liable for the cost. Follow it up with the letter before action referring to the need to do this.

[steampowered]

Before we get ahead of ourselves, a few basic questions -

 

What did your insurers say?

Have you found out who the landlord is?

Why are people trespassing in your garden?

[Purpleflowers 2]

The children are of different ages some less than 10 some older, the police are scared of the NFH and don't do anything

 

If the children are 10 or over they are deemed to be criminally responsible. The police should definitely take action.

[Purpleflowers 2]

Well the fence needs to be fixed asap to stop the NFH coming into the garden...I can then once the fence is fixed bill the LL.

 

 

Phone the LL and say you have to have the fence repaired to stop the trespassing and he will be liable for the cost. Follow it up with the letter before action referring to the need to do this.

[Purpleflowers 2]

I have found out who the landlord is, he will be getting the invoice for the costs to repair the fence.

 

NFH inc the guys that visit NFH use this walkway which provides an easy escape route for them to disappear into the field or inside the NFH house after they do criminal acivity against my property. It leads to the back garden of the NFH!

 

 

NFH have been tresspassing into my garden, throwing dirty nappies, breaking into my home when i was on holiday etc for over 5 years inc throwing beer cans into my garden.

 

They are all on the dole why they do this I have no idea

 

 

 

 

 

 

 

Before we get ahead of ourselves, a few basic questions -

 

What did your insurers say?

Have you found out who the landlord is?

Why are people trespassing in your garden?

 

 

 

 

Before we get ahead of ourselves, a few basic questions -

 

What did your insurers say?

Have you found out who the landlord is?

Why are people trespassing in your garden?

[Desperate Daniella]

You say this has been going on for five years. When did the fence first come down?

 

The police are not allowed to be frightened of NFHs. It is their job to deal with it. Call the station and ask to speak to someone senior. PCSOs really don't like confrontation so will often say something isn't their job.

[Purpleflowers 2]

The tresspassing has been going on ever since I bough the house which has been 5 years now...I had all the fencing done to keep the NFH out the rear garden. So they simply walked through my front garden and into the back garden!

 

They broke the window at the rear of the house, then they broke in from the rear and stole the boiler for scarp metal. I know its them and only them. They do it around the rear of the house as nobody else can see.

 

In over 5 years the police have not taken any action to get the NFH removed - the police acknowledge the NFH have a history of criminal activities - so why not have them removed?

 

The PCSO's never go around to the NFH due to fear, it is their job to deal with it but they are too scared. The NFH have a few other houses in the area and rough as hell.

 

 

 

 

You say this has been going on for five years. When did the fence first come down?

 

The police are not allowed to be frightened of NFHs. It is their job to deal with it. Call the station and ask to speak to someone senior. PCSOs really don't like confrontation so will often say something isn't their job.

[Desperate Daniella]

Are you living there full time?

 

Did you report the theft of the boiler to the police? Did they come round with a SOCO? You can't just pull out a gas boiler if it is connected. If they disconnected it surely there must have been fingerprints?

 

There is no point in talking to PCSOs. You must speak to someone senior at the local police station. Go in and insist on it. Don't take no for an answer.

 

When did the tree knock down the fence this time? Your success in a court claim may depend on how you have handled it. Firstly you must contact the landlord and offer him the opportunity to do the repair within a set period of time.

 

If you claim on your insurance then your insurance company will claim against them.

[stu007]

I know this advice is after everything has happened but

 

Something to also consider is whether to continue with the wooden fencing or possibly consider concrete fencing.

 

You can also purchase Burglar fencing spikes (these are suitable for wooden, plastic and concrete fencing) which are a plastic strip of spikes that you can attach to the top of all the fencing as another added security measure.

 

Have you considered planting thorn type bushes around the fencing.

[Purpleflowers 2]

When I bough the house there was no fencing and I had the NFH walking at all hours of the day into my back garden in and out all day long...smoking and drinking.

 

So I paid to have the entire garden fenced off cost me over £1200.

 

Once it was fenced they smashed down 1 fence so they could come into my garden as and when they wanted, i repaired it.

 

They broke my window, threw dirty nappies into my back garden....etc and to this day they are still throwing litter.

 

I had my house broken into they stole the boiler (it was only then that could enter my back by climing the fence) they would not enter the garden from the front side as there are houses facing me.

 

The problem is the back garden - there is a field behind my house all criminals use that to walk into the NFH garden.

 

PCSO's have done nothing to help

 

 

 

 

You say this has been going on for five years. When did the fence first come down?

 

The police are not allowed to be frightened of NFHs. It is their job to deal with it. Call the station and ask to speak to someone senior. PCSOs really don't like confrontation so will often say something isn't their job.

[Purpleflowers 2]

The house is on rent.. I moved out and back to my parents due to the NFH. I can never go back there again .

 

I simply do not feel safe living in what is supposed to be my own home!

 

SOCO did not come and the police did not take finger prints because they are scared of the NFH. It really is that bad.

 

The tree surgeon has said the tree belongs to the LL of the NFH...insurance has taken it away.

 

Fencing I have to do myself asap! - shall I repair it and send the LL the bill?

 

Are you living there full time?

 

Did you report the theft of the boiler to the police? Did they come round with a SOCO? You can't just pull out a gas boiler if it is connected. If they disconnected it surely there must have been fingerprints?

 

There is no point in talking to PCSOs. You must speak to someone senior at the local police station. Go in and insist on it. Don't take no for an answer.

 

When did the tree knock down the fence this time? Your success in a court claim may depend on how you have handled it. Firstly you must contact the landlord and offer him the opportunity to do the repair within a set period of time.

 

If you claim on your insurance then your insurance company will claim against them.

[topcat1802]

Go out and buy some hedging, make sure its got plenty of nice spikes/thorns on it. Plant it close together so that its not possible to dig it up without being scratched by thorns, also to discourage anyone from pushing through it!

[Desperate Daniella]

I would agree with topcat about the fencing, but you must get a senior police officer involved. The PCSOs will not help you with this as you have already found out.

[ericsbrother]

Bill the HA for the fence. Their insurers will deal with it. If they dont agree within a week to pay, get someone in to do the work and send them the bill including an amount for your travel, telephone, etc.