Criminal (?) property damage from tenant neighbour

Mackers12

HampshireH said:

Put your letter to the managing agent, (do you mean estate agent or do you have a managing agent for the flats?) And the owner. Make reference to their refusal to assist but that you are writing regardless.

This is really helpful thanks Hampshire! I have the details of the managing agent, not an estate agent, that operates that block of flats. It isn't the same managing agent that operates the block that I live in however - I got the managing agent contact details from the sympathetic neighbour who lives below her who has also had issues with the tenants behaviour.

Unfortunately, the issue is still that I don't have any address for the leaseholder other than the tenants address.

HampshireH

Mackers12 said:

unforeseen said:

As it is a party wall you should have got agreement of all parties first. The tenant may not have been around but did you ask the leaseholder? It was their decision, not the tenant. 
Why bring the freeholder into it? You defaced the wall without asking them I assume?
Yes. You actually defaced it. The neighbour is trying to remove that defacement. Your criminal damage came before theirs. 

According to the govt website, this constitutes minor work and does not require formal notice. We do not agree with your view that our actions were in any way unlawful. As below:

What you don’t need to tell them about

You don’t need to tell your neighbour about minor changes, eg plastering, adding or replacing electrical wiring or sockets, or drilling to put up shelves or cabinets.

Im sure unforseen didn't need it that big and bold 

Does the part you quoted not deal with internal works?

MovingForwards

Have you tried searching online for flat to rent X road and see if the old advert pops up with the letting agent details.

Mackers12

Just to stress the point on whether we have acted wrongly in rendering the wall, I do not believe we have. 
https://www.gov.uk/party-walls-building-works sets out the general principles for party walls and makes clear that for minor works to any party wall (including plastering) - notice under the party wall act is not required. It does not differentiate between minor works for indoor or outdoor, hence our view is that no notice was required. We are always very careful and check things like this before we do anything.  If we thought for a second our works would be illegal without notice - we'd have 100% followed whatever process we needed to. 

MovingForwards said:

Have you tried searching online for flat to rent X road and see if the old advert pops up with the letting agent details.

Thanks for this - I just tried but sadly no luck! 

Mackers12

HampshireH said:

Im sure unforseen didn't need it that big and bold 

Sorry unforseen I just copied the text from the gov webpage and added without editing the font - the large text wasn't an attempt to shout you down! 

unforeseen

Mackers12 said:

unforeseen said:

As it is a party wall you should have got agreement of all parties first. The tenant may not have been around but did you ask the leaseholder? It was their decision, not the tenant. 
Why bring the freeholder into it? You defaced the wall without asking them I assume?
Yes. You actually defaced it. The neighbour is trying to remove that defacement. Your criminal damage came before theirs. 

According to the govt website, this constitutes minor work and does not require formal notice. We do not agree with your view that our actions were in any way unlawful. As below:

What you don’t need to tell them about

You don’t need to tell your neighbour about minor changes, eg plastering, adding or replacing electrical wiring or sockets, or drilling to put up shelves or cabinets.

In which case you have no complaint about the neighbour removing the stuff off the top of the wall as they also have a right to do work on a joint area the same as you did.
This is where discussions should have taken place to decide on something both sides are happy with or don't touch it. You both have the same rights for the top.

I am sure that what you quote is only for doing work on YOUR side of the party wall. 

Titus_Wadd

I don't suppose the friendly neighbour next-door has a contact address for their landlord?

Mackers12

In which case you have no complaint about the neighbour removing the stuff off the top of the wall as they also have a right to do work on a joint area the same as you did.
This is where discussions should have taken place to decide on something both sides are happy with or don't touch it. You both have the same rights for the top.

I am sure that what you quote is only for doing work on YOUR side of the party wall. 

The wall is absolutely nothing to do with the tenant. She has no rights in relation to the wall. If it were the landlord - I'd agree with you. But it's not. Thanks anyway!

AdrianC

Titus_Wadd said:

I don't suppose the friendly neighbour next-door has a contact address for their landlord?

Is the ground floor flat owned by the same leaseholder as the 1st floor flat?

Norman_Castle

If all she damages is render you have put on leave her to it, Its easy enough for you to restore it at a later date. Take pictures for future evidence. The police will ignore minor damage with claims the daughter did it but should get involved in more extensive intentional damage. Explain you'd like to discuss it with the owner of the property.