Neighbours roof

[AndyOrch]

That letter from Insurers seems to be the roofers Insurers and not your neighbour Home Insurance ?

 

It states " I write to you again as the insurers of Mr & Mrs XXXXXX " looks like that is the neighbours insurer UB ?

[brussels]

It states " I write to you again as the insurers of Mr & Mrs XXXXXX " looks like that is the neighbours insurer UB ?

 

Hi,

 

I think the letter is maybe from my neighbour's insurer.

 

Thanks

 

First of all, you don't need to worry about legal advice at the moment. Everything is fairly straightforward – unless you really feel out of your depth and frightened. However, if you get professional legal advice it will simply cost you money and it is unlikely to speed anything up. We can probably give you all the advice you need as long as you're prepared to go ahead and do it yourself and we will hold your hand as much as possible.

 

I haven't had a look at the letter above yet, but if UB is right and it is the roofers insurance, then the one that you want to see is your neighbours home insurance. I suppose that he is unlikely to give it to you. Also, who's your insurer? I don't understand why they say that you need to take legal advice. Have you put a claim in with them? Have you given the many formal notice as to what is going on? Frankly because there is a possibility that they may end up having to pay out some money, it is they who should be taking steps to help you. Have you had any written communication with them or from them?

 

It states " I write to you again as the insurers of Mr & Mrs XXXXXX " looks like that is the neighbours insurer UB ?

 

Hi, My insurer is Barclays. I notified them at the time of first noticing rainwater ingress. I did also speak with them one other time., but they would only say that I need to take legal advice.

 

I think the letter is from my neighbour's insurer.

 

Thanks

[unclebulgaria67]

It states " I write to you again as the insurers of Mr & Mrs XXXXXX " looks like that is the neighbours insurer UB ?

 

Where is the letter head with Insurers branding and where is the letter footer, with authorised and regulated by the FCA etc ?

 

Just does not look like a letter that Home Insurers would issue.

 

And i just could not see any claims handlerfor a Home Insurers telling a third party to contact a roofing contractor they had no contract with.

 

Does not make any sense.

[AndyOrch]

Perhaps if we could have a full scan (including headers and foot) brussels less any identifiable details for clarity?

[BankFodder]

Hi, My insurer is Barclays. I notified them at the time of first noticing rainwater ingress. I did also speak with them one other time., but they would only say that I need to take legal advice.

 

I think the letter is from my neighbour's insurer.

 

Thanks

I gather from this that you have simply informed your insurers by speaking to them on the telephone at some time or other – but there is no written record of this. This is correct

 

I suppose you don't record your calls?

 

I think you should be making a formal claim to your present insurers about all of the damage and give them a succinct but detailed account of everything that has happened and all the obstacles which have been placed on your way.

 

If you have only approach your insurers by phone, then be prepared for them to say that they don't know anything about it and also to be complaining it you that you haven't informed them promptly. Whether or not you take your own legal action on this, you need to get this underway. Do it now.

[unclebulgaria67]

Pretty sure that Insurers letter relates to contractors arranged Insurance. When i had some roofing work done, there was a 10 year Insurance policy to cover the quality of works. The Insurance certificate issued was in my name and sent to me by an Insurers that deals with such policies. Then the letter makes more sense, as it is saying that they Insure the roofing works and to contact the roofing contractor.

[BankFodder]

This is all getting very messy and unclear. I agree with UB – we need to get clarification of who is writing what to whom. Even though there may be an advice here to contact the roofing contractor, it is still the occupier/owner of the next-door property who is responsible and I wouldn't be distracted. By all means, contact the insurer as suggested – in case that speeds things up – but keep your neighbour fully copied into all correspondence.

 

 

We on the verge of Christmas now but frankly I would be thinking about starting a legal action in January. I would consider bringing action a nuisance. I suspect that once he receive the court papers he would start taking things seriously and start to address the issues. He would have no choice.

 

Ideally you need an injunction – but in order to do that you would have to start a part eight claim https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part08 which is rather more complicated than bringing a small claim – part seven CPR https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part07.

 

I would suggest bringing a small claim for compensation and then apply for an interim injunction to force your neighbour to allow your workmen in to start doing the work. This is all going to get extremely messy and complicated – but it seems to me that you don't have much choice

[obiter dictum]

Just shooting from the hip on this one and opinion on limited information

 

Would it not be better a claim goes in against the builder and have the owner of the property as joint defendant.

That is the neighbour is responsible for the acts and omissions of the builder under vicarious liability?

 

That way the builders/neighbours insurance company will have to be informed and act with statutory duty rather than pass the buck mentality

[Ganymede]

I would also send a Letter of Claim to the builder.

 

If Court proceedings are needed then as OB say issue against both Parties potentially.

[brussels]

Thank you for all of your comments.

 

I forgot to scan the insurers letter in work today and I'm not back until Friday, however, I can confirm that there is a insurers logo at the top of the letter and there is the usual text in the footer ' regulated by the Financial Conduct Authority....

 

It's just that my photo of the letter didn't capture these bits.

 

Thanks

[BankFodder]

I hope you won't mind me saying but that there are a lot of serious issues here. It is very complicated and if you were going for professional legal help you will be paying thousands of pounds. We prepared to help you here with great enthusiasm and free of charge. However, we would ask you to be properly equipped to engage with us. It makes it very much more complicated if you're not. It seems to me that we are having to tease information out of you and this makes life much more difficult and there are lots of other people come to this forum who need our attention as well.

 

You can get an excellent scanner from PC World for between £50-£70. It will make your life easier and our life easier and also when this is all done and dusted, you will have the scanner for years. We are coming to the Christmas period where you won't have access to work scanner and if documents need to be put up then it will make it even more difficult for all of us. You could get one today very easily.

 

Please get a scanner

[brussels]

Hi

 

Thanks for your comments.

 

I have attached a pdf of my neighbour's insurer's letter that has been sent to me.

 

I have no idea how much of the letter's content I should not post on-line so I have deleted obscured parts of it.

 

I will today again speak with my insurer and also put it in writing to them.

 

My understanding so far is that:

 

1. It is my neighbour who I should be taking action against and not the roofer as I have no contract with the roofer.

2. I should not send any documents to my neighbour's insurer albeit I could copy them in.

3. I can start a small claims action on the basis of it being a Nuisance and also apply for an interim injunction to force my neighbour to do the work.

 

I guess that because my neighbour's insurer has said that they will defend any claim and also only forward any documents directly to the roofer that I do not need to pride all of my evidence prior to registering a small claims court claim.

 

It still confuses me why my neighbour's insurer would be directing me to the roofer- is this bluff? Or is my neighbour advising their insurer of something different to what my claim is all about. However, their insurer's letter references my letter of 14th October so maybe that they do have more facts. Conversely, maybe they haven't actually had sight of the letter and are merely referencing that I had sent a letter on the 14th October.

 

Thanks for reading

Insurance letter 14th Dec .pdf

[obiter dictum]

This is how i see it in my OPINION

 

Does the builder, neighbour owe you a duty of care

Has that duty been breached

Have you suffered loss because of that breach of duty

 

You instigate a claim against the builder, you include as a co- defendant your neighbour as the builder was acting under your neighbours instructions.

 

The Actions of the bulider to cause loss or damage are forseeable so it is fair and reasonable to impose liability

 

The builder ows a duty of care to you being a professional and competent builder. Blyth v. Birmingham Water works [1956]

 

The builder has breached that duty of care in not forseeing fitting incorrect roofing tyles (Omission) that has caused damage and loss.

 

Polemis & Furness, Withy & Co Ltd actions of the tortfessor will be held liable for the wrongful conduct regardless of how unforseeable

 

Now that duty of care is owing we apply the ‘but for’ test to prove causation. If the builder had not fitted the incorrect roofing tyles to the neighbours property, causation not being so remote you would have not have suffered loss. Kent v. Griffiths [2000]

 

You have not contributed in anyway to the negligence of the builder in fitting the roofing tyles

Even though you as a neighbour have no direct proximity of relationship with the builder (Contract) One does exist with your neighbour who may be held vicariously liable for the actions of the builder. Donoghue v. Stephenson [1932]

 

It will be fair and reasonable to place liability with the builder due to his negligence. Damages with a quantifiable loss will put yourself back into the same position as before the negligent act occurred.

 

 

Just my opinion

[unclebulgaria67]

Surprised at Priviledge issuing such a silly letter. This is a matter you can take up directly with your neighbour, issuing a claim against them and if thought appropriate also their roofing company.

 

Your neighbours Insurers cannot tell you what you should be doing, but of course they can assist your neighbour with any court claim you brought.