My Nightmare Neighbour! Where do I stand re obligations legally???

OptimisticSaver

Hi All!

Firstly, thanks to all here on the Forum for departing all your MSE knowledge and wisdom! For long I have been a bit of a shy lurker but I have really enjoyed my personal money saving quests and the posts on here are so encouraging! Most of my friends spend nearly all their cash on renting in expensive areas in London and excessive drinking etc.. And then there's me.. 26 years old and all I can think about is how to put money to good use!!

I don't know if this is the place for this prob but as you have all been so knowledgeable on legal issues, I would like to see if you can help me on this one.

I bought a first floor flat about 3 years ago.. When I moved in my downstairs neighbour was super keen to let me know of all the "problems" she experienced with the previous Lease holder (leaks, not paying for gardener for shared garden / failing to repair a broken fence which was "her fault"). I explained that at best I want to make sure we have a civil relationship and will try my hardest to keep things neutral.

I fitted my Washing machine in Sept 2007 professionally and it leaked. The neighbour reported this to me and said that I had to speak my insurance co to cover the damage to her property as I was liable to pay for damages. She also said there was a leak into her back passage which was dripping off the light bulb "messing up her electrics".

I contacted my insurance company who said that as these problems didn't impact my property, I could not claim on mine and that she had to contact her insurance company if she wanted the damage repaired. however, I needed to ensure I resolved the problems immediately.

A plumber come over and fix the washing machine and said all she needed to do was paint over the area with a water sealant when it dried before going over it in new paint. He cold not find any leak going into the back passage although my boiler/shower sits above this area of her flat.

I spoke to the Freeholder who said that I would be liable for damages if I did not take "appropriate action" to correct any leaks and I did so. But I was never told that my responsibilities involved repainting the areas that had gone damp etc (because if any water got into my property from the roof I would have to repaint myself).

When I explained this to the neighbour she went crazy and erratic and rather unreasonably called me a "F*#!ing Wh*re" which deeply offended me. She also felt it her right to ring my doorbell very loudly and shout abuse at me for not "paying my dues" which is horrific. When you come back from work, last thing you need is an erratic woman screaming at you. I took this issue up with the Freeholder thereafter and they told me the same thing that I had fulfilled my obligations. I considered reporting her to the police as I felt very threatened by her.

In any case, as with any property, things go do wrong.. 6 months ago my flatmate broke a washer in my shower mixer which leaked in to her back passage. I resolved this immediately. In addition to this, 4 months later, my boiler leaked. I resolved this immediately when she politely pointed this out. She asked if I would pay for half of the "paint" to go over the affected areas. I thought this more than reasonable so said, provided she gave me a receipt for the paint, I would be happy to.

She then stuck a letter through my door 2 weeks ago demanding half of £380 for a "recommended handyman" to come over (excluding paint) to paint over the area under the washing machine affected 2 years ago and the area under the boiler. (I got someone in to paint my spare bedroom for £250 which is much larger than a couple of patches).

I did not agree to pay for a person to come in (given she painted her entire flat herself) to give her a finish better than one she already had!

This issue has now worsened as she has resumed the loud ringing of doorbells and screaming at my flat mate about it (she clearly builds her self up before she talks to me). Her aggressiveness is frightening and I don't feel comfortable being at home. I don't want to be unreasonable but I think £380 is very steep. Especially as I only agreed to pay for half the paint (not labour) for the damage to her back passage (not her kitchen too)

To be honest, if she wanted something from me surely it was in her best interests to be civil to me and not be abusive and aggressive. The leaks were not intentional and caused me just as much hassle with Damp/taking days off for people to come in/ paying for repairs etc.. My property has issues as I have to pay for them out of my own pocket.

Sorry for the essay but any comments u have on this and where I stand / what I should do/ would be handy as I have no idea what to do next!

adouglasmhor

Report her behaviour to the police, start a diary of every event. And be more carefull with water. Ask her to show you the 3 quotes she got for the work, and her receipt for the work carried out by the qualified handyman, if she can't produce those things give her FA, if that was the cheapest quote I think you should shell out, 3 leaks in under 2 years is a bit much. The one with the washing machine the people who professionaly fitted it should have been claimed on, not yours or hers insurance IMO.

pawpurrs

Sorry to hear about your abusive neighbour, although the way she has handled it is obviously wrong, and I am sorry for the undue stress that that has caused you.
However I feel that the neighbour does have a right to be pretty upset especially considering the amount of times these leaks have damaged her property.
When next door were having some work done to their property they damaged a wall in my property, their insurance company paid.
To be honest if the cause of damage is your fault, (intentional or otherwise is irrelevant) then I think you or your insurance company should be made to pay for any repair work, and this should be done by a proffessional, why should she have to do it herself?

david39

Your insurance company should pay under the public liability provision - assuming you have that cover.

mrcow

You do not need to pay for any of this directly to her.

She needs to go through her insurance company and they need to contact your insurance company and they wil sort it out between them. It's why you have insurance.

Painting over where dampness has been btw is often not good enough. She needs to get it checked out properly herself through her insurance company. They will not be impressed if she just "papers over the cracks" - she could be in for a big claim if it's not sorted properly.

Why do you have so many leaks? It sounds ridiculous. And very stressful for your neighbour!

As for the harrassment - contact the police. Tell them what she is doing and that you'd like them to have a word.

If she wants anything sorted in future, tell her to go through the appropriate channels (eg. insurance, police etc) as her behaviour to date has been unacceptable.

Also - make sure you get yourself legal protection on your home insurance policy. It's usually just an add-on for £20 or so. You could need it.

Also consider getting plumbing and drains cover - you'll save a fortune on plumbers adn they will check things out properly for you. (Quidco are doing a cashback offer for signing upp with British Gas is you were looking for a good deal on this?)

pawpurrs

Yes painting over it it is not sufficent, and to be honest although the neighbour has been abusive, which isnt on, I can see that she is justifiably angry, I would be fuming if some one damaged my property so many times (once, ok accidents happen) and then didnt pay for it to be repaired properley immediately or deal with the insurance to cover it.

Nosht

Is she a tenant or an owner?
If a tenant then her landlord should be sorting this out with you, if an owner then report her to the police for harrassment. They should have a Community Policeman who may call round to try to resolve matters before they go out of hand.
We have had trouble with our neighbours for 12 years about car parking & matters only became quieter when the police became involved & had a quiet word with them about their unreasonable behaviour.
Don't rely on the local council doing anything quickly as my daughter had "neighbours from hell" & it took over 3 years to have them evicted despite other neighbours reporting them also.

Regards,

N.

OptimisticSaver

Really appreciate everything recieved so far! I am happy to contact my Insurance co about it. They did tell me prev tat they would not cover any damage to her property but I have change coverage since then. I will check the public liability provision thanks david39!

mrcow I have boiler / leak and trace cover with British Gas. I totally appreciate that its a hassle to her and it has come from my property. When I have asked her to contact her insurance co - she has come back saying that because the damage is not her fault - it shouldnt impact her premiums. In this situation I am more than happy with handing it over to official lines.

pawpurrs/mrcow - I know painting over it is not sufficient. I had a plumber in to check that all leaks were resolved. The told me that it should dry out and once that is done - it can be painted over. Other than repairing the problems I'm not sure what else I am to do here...

I dont know why I keep having leaks I think its because the previous owner did not look after the property v well.. The mixer as been replaced / Washing machine fixed and I have had the boiler taken apart and repaired.. I'm hoping that gets rid of the problem... Being a first time homeowner, I really don't know how common these issues are and really can't do much to pre-empt it but I sort it out immediately when flagged so am trying my hardest here to keep myself covered against legal issues. I just want to live a quiet life - not there to be dramatic or a bother to anyone..

I will call the freeholder today and see what they say about it too

Nosht- she is the owner so I will contact the police about it.. It's horrible being harrassed about this but she clearly doesnt want to contact her insurance co and thinks she can bully me into dishing out cash!!

maninthestreet

Your neighbour seems to have a lot of problems with her back passage.

silvercar

Your insurance will tell you that they won't pay to repair her property as it is your property that is insured. They should be telling you that they will deal with any third party claims in their liability section of the policy.

She is right that she shouldn't suffer an increase in premiums because of damage caused by your property. What should happen is that she claims on her insurance stating that the damage has been caused by a thrid party (you). Her insurance then pays out and reclaims the costs from your insurance. You should expect a letter from her insurers that will instruct you to pass straight to your insurers. If she chooses to deal with all the problems herself (as she is entitled to do) then she can still claim off you and again you would forward her claims to your insurer.

jenny74

Your insurance company liability is limited to damage caused by your negligence. She will be able to claim on her own home insurance, and then they may try to claim against yours. In all my 15 years working in home insurance claims (including technical claims liability) we never once claimed against another insurer for this typw of damage nor did another insurer claim against us. It is just bad luck.

However, if the washing machine leaked and you did not get it repaired, so it leaked again and kept causing damage, THEN you may be liable (and ultimately your insurer may pay), BUT having said that you have duty under the terms of an insurance policy to mitigate loss or damage so it is unlikely it would come to that.

So the bottom line is you have done all you are obliged to do and she needs to claim off of her insurer. If she had been nicer about it rather than abusive, then you mave have felt more morally obliged to offer to pay towards her excess. Again, it is not legally yout responsibility. You dealt with the leaks at the time,
so have fulfilled your legal obligations.

Finally home insurance is not like car insurance, just because one property causes damamge to another does not make them liable. Totallay different. Oh and yes, report her to the police.

Jenny