seeking compensation from council tenant neighbour

antrobus

GwylimT wrote: »

....Also, how are you going to prove beyond doubt that she was negligent?

They don't have to.

The standard of proof in a civil case is the balance of probabilities.

I don't think it would be difficult to convince a judge that someone was indeed negligent when their BBQ resulted in a conflagration that required the attendance of the fire brigade.

phill99

OP You are being very niave.


Your next door neighbour sounds like they have no money. You can take them to court and no doubt, it will go in your favour. You can instruct baliffs, but when they turn up and realise they have nothing of value, you will end up with nothing and a load of grief in to the bargain.


Just swallow your pride and claim off of your insurance - that is what it is there for.

moneyistooshorttomention

Browntoa wrote: »

You are assuming the tenant has the means to pay the cost , a small claims case may just end up with them being unable to pay anyway , not enough assets for bailiffs to sieze if it got that far and so you could spend 1000's on a lost cause

It doesnt cost very much to bring a small claims court claim - I would think it would be around £100 or less.

phill99

moneyistooshorttomention wrote: »

It doesnt cost very much to bring a small claims court claim - I would think it would be around £100 or less.

But for what point?


If the neighbour has little money, the plaintiff will struggle to get any compensation. It is a fools errand.

Furts

phill99 wrote: »

But for what point?


If the neighbour has little money, the plaintiff will struggle to get any compensation. It is a fools errand.

I am with phill99 on this and was with his previous post. We do not know for certain if the neighbours have contents insurance nor if they have buildings insurance. A logical move here would be to approach the council and ask a basic question. Insurance may be available to tenants at a lower price than owner occupiers pay, but it is up to the tenant to decide if they want this. The nominal cost is added to the rent paid.

The lack of co-operation suggests there is no insurance and either no money, or no willingnesss, to pay - or both.

Not only do I believe the same as phil99 in saying OP is naive I would add this naivety extends to maintaining good relations with neighbours and also to understanding how insurance works. It is bizarre to not want to claim because it is impossible to say if this will have any effect on future premiums. This will only be known when the premium is due for renewal. Indeed the converse could be true.

I will give one anecdotal example. I made a large claim on a business policy. Next year the renewal premium tripled. I asked my broker to shop around. A competitor offered cover for a lower premium than I had been paying. I switched insurance to this company. This meant claiming on my policy effectively saved me money on premiums!

missbooboo

Thank you for your thoughts, I would like to answer a few questions you have raised:

-Proof of negligence: neighbour admitted to the inspector she was burning paper & not attending the fire at all times and went inside to do something, he noted and will verify.

-They do have reasonable good jobs and income

-I initially only asked for materials & contents damage approx £600 and instalment repayment plan cause I thought they were good people, we can rebuild as we built/designed it, but if I go via small claims I will seek full amount inclusive hiring labour/electrician fees.

-I am so offended as I thought they were good people, they are now showing their true colours. It is not just about lost of money & insurance paying out but doing the right thing.

-What happened to justice? should careless people just carry on as normal and the victims take the hit?

Thanks

missbooboo

moneyistooshorttomention wrote: »

I wouldnt be prepared to claim on my insurance either in OP's position - ie I expect her premiums would be hiked because of somebody else. Fair enough if your premiums are hiked because of your own stupid fault - but not someone else's.

Personally - I'd send a suitable letter (copy kept) to the neighbour concerned with an itemised bill of what she owed me attached and comment about "I look forward to receiving letter from your insurance company within the month confirming that they are dealing with processing reimbursing me OR payment from yourself directly within the month" suitably phrased.

In other words - I wouldnt necessarily believe that she wasnt insured (hence mentioning reimbursement by her insurance company). If she really isnt insured - then she obviously "self-insures" as the phrase goes - ie she pays out herself (instead of an insurance company doing so).

If that deadline was missed - then I would take this neighbour to the small claims court for them personally to reimburse me.

Thank you "moneyistooshorttomention" I will take your advice and act on it.

Money_saving_maniac

missbooboo wrote: »

Thank you for your thoughts, I would like to answer a few questions you have raised:

-Proof of negligence: neighbour admitted to the inspector she was burning paper & not attending the fire at all times and went inside to do something, he noted and will verify.

-They do have reasonable good jobs and income

-I initially only asked for materials & contents damage approx £600 and instalment repayment plan cause I thought they were good people, we can rebuild as we built/designed it, but if I go via small claims I will seek full amount inclusive hiring labour/electrician fees.

-I am so offended as I thought they were good people, they are now showing their true colours. It is not just about lost of money & insurance paying out but doing the right thing.

-What happened to justice? should careless people just carry on as normal and the victims take the hit?

Thanks

I appreciate your pain. I live in an ex LEA house with council neighbours. They are all so used to the council paying out that getting money out of them is like drawing blood from a stone.

If you intend moving, think about how it will look to potential purchasers when you have to declare the dispute 'the neighbour burnt my shed and fence down and refused to pay'

If you are never going to move then it's not an issue.

Davesnave

Now you know they are not 'good people' how 'bad' do you think they might be if you take them to small claims?

They may have a reasonable income, but nonetheless, it may eventually come down to bailiffs, and you'll still be living next door. Once you start a claim, there will be no going back.

You ask for justice, but will be none if you win in court and relations turn so sour, other bad things, less easy to prove, begin to happen.

Should you then decide to move, this dispute would have to be declared, alerting any potential buyer to the fact that this neighbour isn't a good one. That might well have a monetary cost well in excess of any claim.

I'm not telling you what to do. I don't know these people, or you, and first hand knowledge is vital in situations like this, but there isn't some kind of legal conveyor belt that will take you to full restitution and this place called 'justice.'

When difficulties arise between neighbours, it's natural to be reactive, but sometimes it's wiser to play the long game.

DRP

Davesnave wrote: »

*snip*
When difficulties arise between neighbours, it's natural to be reactive, but sometimes it's wiser to play the long game.

^ OP, I would heed the advice above, rather than the alternate approach

missbooboo wrote: »

Thank you "moneyistooshorttomention" I will take your advice and act on it.