Can I sue someone for reckless advise

sylvgjh

Do I have any rights to sue someone for reckless advice.


I alerted my neighbour/freeholder 7months ago to a water escape issue. our property is very badly damaged my neighbours claims to have dementia and doesnt understand anything, so he has appointed a friend to help him. His friend is telling him that there is nothing wrong, and he doesnt need to do anything. The problem is we cant even fix the issue ourselves because the water is escaping from his side of the property and the damage is to building structures that run across both our properties.


As my neighbour is apparently demented, can I sue his friend for damages and being reckless. Damage to our property is getting worse everyday.

stator

No.


You need to take action against your neighbour.

Fire_Fox

Either they have a form of dementia or they do not.

Appointed, how exactly?

Who have you communicated with?

How have you communicated, what evidence is there?

Carrot007

sylvgjh wrote: »

Do I have any rights to sue someone for reckless advice.

At least you got the word right the second time!


Yes, you can sue anyone for anything.


Will you win in this case? I'm going to say no. The advice is irrelivant. Your niegbour is the responsible party and the only concern and who you should be dedaling with. if they need help that is not your concern and the help they give is neither.


Is this the same issue in your other post that you never replied to?

[Deleted User]

I doubt you will get anywhere suing this advisor, he's not an expert.

I hope this gives you a starting point https://www.telegraph.co.uk/finance/personalfinance/money-saving-tips/11258290/Neighbours-leaking-pipe-is-damaging-our-wall.-What-can-we-do.html

macman

Have you reported the leak to the water supplier? If it's unmetered, they have an interest in getting it fixed.

EachPenny

sylvgjh wrote: »

Do I have any rights to sue someone for reckless advice.

I would offer some advice, but you might try to sue me.

If you are concerned the neighbour has dementia and is being given poor advice by the friend, then you might want to contact Social Services.

Alternatively, there is a possibility this is something the council's Environmental Health team might take an interest in. It is entering into the territory of being an anti-social behaviour/nuisance neighbour issue, whilst probably not being one it is appropriate to take legal action on yourself.

another_casualty

When you say neighbour/ freeholder , then I assume it is one of those rare cases of just 1 leaseholder and one freeholder only , and not a group of leasehold flats. That sounds a bit of a nightmare .
What I would normally think would happen , is that you could report this to the freeholder ... but you have tried that as you mentioned

However , how long is your lease? How much are the charges?
You may be able to appeal to a leaseholder tribunal or something , not. sure of the name . You may get more action if you disputed the charges .
May be an idea to go to citizens advice ?

sylvgjh

My neighbour is the freeholder of the property, we leave upstairs he leaves downstairs. We found out 7months ago that the gully which carries water from both our bathrooms has been broken for several years. For 7months my neighbour and his Friend who advises him have been jumping from one excuse to another.

Initially we didn’t know how the water was escaping, we asked him to work with us and contribute towards a drain inspection find out exactly where the water is escaping from, he refused, we went ahead anyway and paid for the drain survey, and found out exactly what is going on. We asked my neighbour to pay half as our lease says we share the cost for repairs. He refused.

We asked him to contact his insurer he refused. After some pressure, he finally contacted his insurer, who sent out a loss adjuster to investigate, they told him insurance doesn’t cover wear and tear, and to get the gully fixed.

I have sent him another email asking him to again work with in light of his insurer decision, he has ignored our emails.

In the meantime water is still escaping and our property is getting worse and worse. We are stuck, we can’t do any repairs because the gully is on his property.

sylvgjh

We are thinking of going to small Claims court to get his half of the survey cost back but am not sure it’s worth it. His share is £80, a claim is £25

Aylesbury_Duck

I don't get it. You live upstairs, he lives downstairs yet a problem with water escaping from a drain gully (presumably at ground or below ground level) is damaging your property. How is that happening?