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Neighbours preventing roof repairs from being made
steviebeaton
Posts: 3 Newbie
Hi, I have an issue that was hoping to get some advice on. Currently our neighbour is preventing us from getting repairs done due to it involving work on the party wall.
Sorry for the length but not easy to summarise...
To provide some background, our property is a house converted into self-contained flats. Each owner then has an even share in the management company. The same is true of the adjoining house.
Early last year (2013) we noticed some staining on the adjoining walls with our neighbours at the front and back of the house (apparently caused by a small roof leak above). Shortly after discovering this we contacted our neighbours to see whether this was also affecting them, which it was. We were of the mind that if we’re both being affected then would make sense to tackle it together and split the cost.
To cut a long story short, we’re now a year on and after lots of back and forth we’re still not really any closer to getting it fixed.
Our neighbours have done nothing but provide obstacles to us getting the work agreed and done. Firstly they didn't want to use one contractors to carry out the work (seemed to us like the most sensible approach at the time). Then they insisted that the only way forward was for a party wall agreement be drawn up (the cost of that process alone would dwarf the actually cost to fix the issue). We then had a surveyor out (at our cost) to review the work needed, which we have shared with next door. As a result they have come around to us not needing a party wall agreement, as the surveyor pointed out that it would be ludicrous to do so, given the repairs that were needed.
We’ve since been trying to get work agreed but they keep being difficult as to how we split the work. We’re even offering to do more than half of the work and they’re still not happy!
They’re now bringing into discussions an issue which, up until now hasn’t unmentioned for the past year, on an unrelated part of the house. We feel like they’re just trying shoe-horn in as much work as possible to see if they can get us to pick up some/all of the cost alongside the roof repairs. We’re of the mind that this is a completely separate issue to the roof repairs and should be treated as such.
It’s really getting everyone down (especially me) as we have to live in the flat that’s directly affected and has been looming over us for a year now and apparently no closer to getting it done. Hopefully someone could advise what options are open to us in terms of getting the work done, as is only getting worse and would like to get it fixed while we have some decent weather
My understanding at the moment is that we can’t go ahead with any work until we get agreement from next door? If we were to notify them of what we intend to do on our side and they object, this would then constitute us having to go down the party wall route? Out of interest, if they were to object, does there have to be a valid reason given to justify why, or could you just say no?
It’s so frustrating that they’re able to prevent us from getting our property fixed like this. They’ve contributed nothing but obstacles preventing us from getting the issue fixed so far. I really don’t know how else to move this on other than going to great expense (potentially £‘000’s) and going down the party wall route.
Any help/advice would be greatly appreciated.
Sorry for the length but not easy to summarise...
To provide some background, our property is a house converted into self-contained flats. Each owner then has an even share in the management company. The same is true of the adjoining house.
Early last year (2013) we noticed some staining on the adjoining walls with our neighbours at the front and back of the house (apparently caused by a small roof leak above). Shortly after discovering this we contacted our neighbours to see whether this was also affecting them, which it was. We were of the mind that if we’re both being affected then would make sense to tackle it together and split the cost.
To cut a long story short, we’re now a year on and after lots of back and forth we’re still not really any closer to getting it fixed.
Our neighbours have done nothing but provide obstacles to us getting the work agreed and done. Firstly they didn't want to use one contractors to carry out the work (seemed to us like the most sensible approach at the time). Then they insisted that the only way forward was for a party wall agreement be drawn up (the cost of that process alone would dwarf the actually cost to fix the issue). We then had a surveyor out (at our cost) to review the work needed, which we have shared with next door. As a result they have come around to us not needing a party wall agreement, as the surveyor pointed out that it would be ludicrous to do so, given the repairs that were needed.
We’ve since been trying to get work agreed but they keep being difficult as to how we split the work. We’re even offering to do more than half of the work and they’re still not happy!
They’re now bringing into discussions an issue which, up until now hasn’t unmentioned for the past year, on an unrelated part of the house. We feel like they’re just trying shoe-horn in as much work as possible to see if they can get us to pick up some/all of the cost alongside the roof repairs. We’re of the mind that this is a completely separate issue to the roof repairs and should be treated as such.
It’s really getting everyone down (especially me) as we have to live in the flat that’s directly affected and has been looming over us for a year now and apparently no closer to getting it done. Hopefully someone could advise what options are open to us in terms of getting the work done, as is only getting worse and would like to get it fixed while we have some decent weather
My understanding at the moment is that we can’t go ahead with any work until we get agreement from next door? If we were to notify them of what we intend to do on our side and they object, this would then constitute us having to go down the party wall route? Out of interest, if they were to object, does there have to be a valid reason given to justify why, or could you just say no?
It’s so frustrating that they’re able to prevent us from getting our property fixed like this. They’ve contributed nothing but obstacles preventing us from getting the issue fixed so far. I really don’t know how else to move this on other than going to great expense (potentially £‘000’s) and going down the party wall route.
Any help/advice would be greatly appreciated.
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Comments
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steviebeaton wrote: »Hi, I have an issue that was hoping to get some advice on. Currently our neighbour is preventing us from getting repairs done due to it involving work on the party wall.
Sorry for the length but not easy to summarise...
To provide some background, our property is a house converted into self-contained flats. Each owner then has an even share in the management company. The same is true of the adjoining house.
Early last year (2013) we noticed some staining on the adjoining walls with our neighbours at the front and back of the house (apparently caused by a small roof leak above). Shortly after discovering this we contacted our neighbours to see whether this was also affecting them, which it was. We were of the mind that if we’re both being affected then would make sense to tackle it together and split the cost.
To cut a long story short, we’re now a year on and after lots of back and forth we’re still not really any closer to getting it fixed.
Our neighbours have done nothing but provide obstacles to us getting the work agreed and done. Firstly they didn't want to use one contractors to carry out the work (seemed to us like the most sensible approach at the time). Then they insisted that the only way forward was for a party wall agreement be drawn up (the cost of that process alone would dwarf the actually cost to fix the issue). We then had a surveyor out (at our cost) to review the work needed, which we have shared with next door. As a result they have come around to us not needing a party wall agreement, as the surveyor pointed out that it would be ludicrous to do so, given the repairs that were needed.
We’ve since been trying to get work agreed but they keep being difficult as to how we split the work. We’re even offering to do more than half of the work and they’re still not happy!
They’re now bringing into discussions an issue which, up until now hasn’t unmentioned for the past year, on an unrelated part of the house. We feel like they’re just trying shoe-horn in as much work as possible to see if they can get us to pick up some/all of the cost alongside the roof repairs. We’re of the mind that this is a completely separate issue to the roof repairs and should be treated as such.
It’s really getting everyone down (especially me) as we have to live in the flat that’s directly affected and has been looming over us for a year now and apparently no closer to getting it done. Hopefully someone could advise what options are open to us in terms of getting the work done, as is only getting worse and would like to get it fixed while we have some decent weather
My understanding at the moment is that we can’t go ahead with any work until we get agreement from next door? If we were to notify them of what we intend to do on our side and they object, this would then constitute us having to go down the party wall route? Out of interest, if they were to object, does there have to be a valid reason given to justify why, or could you just say no?
It’s so frustrating that they’re able to prevent us from getting our property fixed like this. They’ve contributed nothing but obstacles preventing us from getting the issue fixed so far. I really don’t know how else to move this on other than going to great expense (potentially £‘000’s) and going down the party wall route.
Any help/advice would be greatly appreciated.
It is quite simply a piggy bank for the leeches that operate under the "party wall act" shield.
As the originator the total cost lies with you, they can procrastinate for ever, and you pay the bill.
I do have to say "why are you having these issues?"
Did you contact them in person before some scab, (the same scab that you are employing), tells them to screw you for more.
What do they get out of it? about 50% (est) of the project value.I like the thanks button, but ,please, an I agree button.
Will the grammar and spelling police respect I do make grammatical errors, and have carp spelling, no need to remind me.;)
Always expect the unexpected:eek:and then you won't be dissapointed0 -
Get it done ASAP. Same day hopefully. Before they can shout Party Wall Act they won't be able to do sod all about it as it will be done. Get photos of it before hand.Ask me no questions, and I'll tell you no lies0
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Get it done ASAP. Same day hopefully. Before they can shout Party Wall Act they won't be able to do sod all about it as it will be done. Get photos of it before hand.
I have to say that I would probably do this.
I've been doing a bit of reading about party wall agreements as we are about to start an extension and I think they would need to take you to court if they wanted to take action. They would have to pay court costs with no guarantee of compensation even if they did win. And there is something wrong with our justice system if they did. Keep any evidence of their obstructiveness - encourage written correspondence.0 -
Many thanks for the replies.
I had considered just getting on with the work, but we have a few other bits that need doing while we have scaffolding up (couple of cracked tiles etc). So might mean working over a week or so. If it were a day or so's work then might be more open to this idea.
My concern would be that they could cause a halt to work and mean scaffolding being up for ages etc.
I do find it incredible that there's not an easier (and less costly) means of getting a ruling on this kind of thing. They're effectively preventing us from getting our issue fixed. I'm kind of the opinion that they've caused such delays now, that it could be classed as neglect on their part!0 -
Can you find out if they're going away any time soon?Pants0
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:-)
Not sure all four flats will be going away at the same time (I'd be surprised if they did!)0 -
Write a note to each householder informing them that you will be erecting scaffolding to replace cracked tiles on the roof on x date and apologise for any inconvenience.
I would imagine the neighbour in question will guess what you are doing but it will be hard to prove and the repair will not be obvious once completed.0
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