Fencing dispute

Somerset99

Hi,

Had gravel boards fitted at my property last year. Recently the neighbour without permission decided to drill into the gravelboards without permission and have damaged them.

Neighbours rent the property and was agreed between letting agent and landlord that they would need to pay for the damage. 

We've had 2 quotes so far and neighbour has refused to pay saying too expensive. They've requested a 3rd quote and advised if the same will pay for the damaged. I however have my doubts about this. 

Letting agent and landlord have been useless. Going forward is my answer to go down the small claims court? If I did what are the chances of being successful?

Penguin_

Well before you jump the gun, get a 3rd quote - give them the benefit of the doubt as that's what they've requested.

If they then say no after the 3rd quote then you can think about action.

Aylesbury_Duck

How much will it cost to repair/replace the gravel boards?

Somerset99

1st quote we received was £260. 2nd was more

Aylesbury_Duck

You should weigh up the costs and benefits here.  What's the relationship with this neighbour like now?  Will 'going legal' lead to them making your life difficult?  These things are always best sorted out amicably, and £260 is a small sum of money in the context of a mentally draining neighbour dispute.

I agree with Penguin.  Get the third quote and see what happens.

Somerset99

There is no relationship with the neighbour as they are rented. I'm not bothered about going down the legal route as they know they are in the wrong and don't see why I should be paying for there damage. 

I still expect them to object after the 3rd quote

TELLIT01

How many gravel boards have been damaged and are they 15cm or 30cm.  Just trying to see if the quote seems reasonable.

Aylesbury_Duck

Go down the legal route, then.  Chances of success seem good, because you have correspondence(?) with the landlord and agent acknowledging their tenant's mistake and responsibility, and you have two similar(?) quotes for correcting it.

The next question is: What are the chances of payment, assuming you win the case?

Somerset99

TELLIT01 said:

How many gravel boards have been damaged and are they 15cm or 30cm.  Just trying to see if the quote seems reasonable.

4 x 6inch gravel boards

Somerset99

Aylesbury_Duck said:

Go down the legal route, then.  Chances of success seem good, because you have correspondence(?) with the landlord and agent acknowledging their tenant's mistake and responsibility, and you have two similar(?) quotes for correcting it.

The next question is: What are the chances of payment, assuming you win the case?

As far as I'm aware judging by the amount of money spent in the house recently no reason why they shouldn't pay. If I was to raise a claim is it as simple as raising a MCOL?

Aylesbury_Duck

Somerset99 said:

Aylesbury_Duck said:

Go down the legal route, then.  Chances of success seem good, because you have correspondence(?) with the landlord and agent acknowledging their tenant's mistake and responsibility, and you have two similar(?) quotes for correcting it.

The next question is: What are the chances of payment, assuming you win the case?

As far as I'm aware judging by the amount of money spent in the house recently no reason why they shouldn't pay. If I was to raise a claim is it as simple as raising a MCOL?

You need to write to them first, with what's called a 'letter before action', setting out what you want and that if they don't settle in 14 days, you'll take them to court.

I wasn't doubting their ability to pay, but their willingness.  There's no reason why they shouldn't have paid already, but they haven't.