leaking guttering and legal action.

joannaj

I bought my terrace 4 years ago & the guttering of the adjoining property has been leaking in various degrees of severity for the most part. The properties are 'staggered' in height and their gutter hangs over the end of mine. When the gutter leaks badly it overpowers mine & I end up with a waterfall in the garden. I have sent the landlord of the prop. 4 letters over 3 years. The property has passed from father to son in the last 8 months. 2 years ago I had a verbal promise it would be replaced and in October 2009 the present owner said he would replace it, as our letter stated we make take him to court to recoup all our costs ( new damp course, pointing to bottom of wall, new guttering-which is now knackered because of it being overpowered, and a swan neck which we are having to have fitted to his fall pipe on his boundary (which he agreed to). Now he is saying he will fix things when the weather is better (what about Oct/Nov/Dec?) & that the defect is with our property. It clearly isnt & i have taken photos of the waterfalls. He just bends back a piece of lead at the end of the gutter and slaps some silicone in it, which is okay for a couple of months but then moves and we are back to square one! All the noggings are rotten and the guttering is badly decayed. The back of the property is much worse and pieces of motar fall from the pointing of the slates into our garden. I'm at my wits end & dont want to go to court but he is clearly stalling for time, as his father did before, and i have spent hundreds of pounds. Can I claim back through the small claims court, or, should I employ a solicitor? It's a nightmare

diable

What about your insurance company do you have cover for legal advice as I would speak to them first.

Hopefully someone with more knowledge will be along soon to advise.

PatsyMcM

Sounds like time to move.

phill99

I'm not sure bthat the small claims court is the appropriate course. I may be wrong but believe they can only act to recover debts etc. I would have thought that what you require is 'specific performance'. Ie a Court Order that forces somebody to do something, which in this case is to fix the gutter and fix your property. Have you got legal expenses cover on your insurance? If so, it will be worth a call. If not it may be worth a solicitors fee. To draft a letter and send it off to the landlord will prob cost £100 - £150 but it may be worth it. He will also advise you on where you stand with getting compensation to get your own property repaired.

iamcornholio

phill99 wrote: »

I'm not sure bthat the small claims court is the appropriate course. I may be wrong but believe they can only act to recover debts etc.

The OP would claim damages from the neighbour, and if less than £5k it would be allocated to the small claims track (aka the small claims court)

I'm not sure that the neighbour can be forced to repair his gutter in the civil court, as he owes no duty to the neighbour to do so. The OP would have to prove that a duty exists, and by the sound of it (a stepped terrace with gutters which are not shared) there may be no duty to maintain the gutter.

If the claim is kept within the limit of the small claims track, then there would be no solicitors fees (unless the parties choose to appoint one) but more importantly the loser will not pay the other sides costs. If it goes into the fast track (above £5k value), then solicitors will cost mega-bucks, and the loser will pay the other sides costs.

IMO, the OP should contact the council's environmental health dept and alledge that there is a Statutory Nuisance under the EPA 1990, and/or that the gutter is defective and thus repairs are actionable under the Building Act 1984 (google both these for more info)

If deemed a Statutory Nuisance, the council will demand that it is abated within 21 days, or the owner will risk being taken to the magstrates court. And/or the council can serve notice under the Building Act and require the gutter to be fixed. Either of these will be no charge to the OP

diable

PatsyMcM wrote: »

Sounds like time to move.

How can you say that, estate agents fees, legal fees and what ever other fees that you incur when moving could amount to 10-20k its not that easy and its even harder if you love your house and the area. Would you move or could afford to move?