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Noticed neighbour's roofer damaged my roof.... am trying to sell the house atm.

24

Comments

  • Grumpy_chap
    Grumpy_chap Posts: 14,859 Forumite
    First Anniversary First Post Name Dropper Combo Breaker
    edited 8 January at 7:23PM

    Any idea how long a legal dispute can last though? Would still love to sue her, she REALLLLY deserves it.
    Take the emotion out of it.  You don't like the neighbour and, an easy move will be your way to forget about the neighbour.

    Where the two roof types join there should be a gutter / valley (I am not sure of the correct term) between the two tiles for each roof.  That is exactly what we have between our roof (same as your tiles) and our neighbour (same as your neighbour's tiles).

    What is the cost to simply fix?

    Whatever you feel, a simple fix may be the way to proceed.  Legal action or a dispute with the neighbour will only cause you more stress and gain you little.
    It's £1600. However that's just for the rear.. The front LOOKS better, but I think there is likely a problem there too.
    Well, you'll probably get front and back done for £3k.  Just pay it - it is a small expense in the whole wrap of moving house.  Fighting the neighbour will delay the house sale and impact your future.

    This was your choice as you decided to declare the issue.  Now you need to "own it".

    It will make no odds overall whether you pay for the repairs.  If you don't pay, your buyer will ask for the sale price to be reduced so that they can pay for the repairs.  
  • TheJP
    TheJP Posts: 1,665 Forumite
    First Anniversary First Post Name Dropper
    TheJP said:
    TheJP said:
    You're not in a dispute until you start one, so options 2 and 3 are for you to start the dispute, although I don't know where you've got the idea of an injunction.  You'd just make a small
    claim for cost of the repair you make. 

    Option 4 - the council has no powers.  These are private properties that they have zero interest in.  

    I can see improvements needed to your roof already, so maybe option 5 - just see what your buyers survey comes back with and you either just do the work or accept a price reduction for them to do it.  They may want a new roof like your neighbours.  

    It's not nice but I'd swallow it for an
    easy life and keep my buyers happy.  
    Thanks for the reply. One of the roofers said something about the council, maybe he was confused about the situation, ill check again on that. 

    Yes, I have had 2 different roofers say that it's the wrong roof type fitted on mine. However it has been fine for decades, with maybe 3 minor repairs over 20 years. 

    I have considered they may want to replace it entirely, however the sale could easily fall through, so it may still be a bad idea to put off any work.

    Any idea how long a legal dispute can last though? Would still love to sue her, she REALLLLY deserves it.
    Sue her for what exactly? First you need to prove that the works in 2023 were caused by the work she had done which would need to be an independent expert to investigate, in the unlikely event that you win she would only cover the cost of a repair which could be minor.

    I honestly think you have shot yourself in the foot by telling the buyers that there is an issue with the roof, most surveyors don't go into the loft they typically stand at the top of a ladder a shine a torch around so it may not be picked up anyway.

    At this point its your problem not your neighbours.
    I asked the estate agent, and they said to declare it. Fantastic. So I would also have to pay out for a full roofing survey then, I was hoping the buyer's survey could act as proof if anything shows up.
    You didn't have to declare anything. If I'm honest i think you are trying to pin something on the neighbour that wont stick and now you have got a rod up your back. If its £1600 just take the hit and move on. It will be cheaper than trying to sue the neighbour.
    300ish in small claims court. and 4 seperate roofers say its a travesty.. they cant allbe full of **** surely? Was hoping one would chime in if this is not so!

    But yeah could take over a year in court anyway.. so I wont do it unless she has the audacity to try and prevent me fixing and paying for her problem... which is actually quite possible.
    4 separate roofers touting for business wont be full of ****, honestly i think your putting a rod up your own back before you know you'll need to pay out but you kinda did that by telling the buyers up front.
  • ThisIsWeird
    ThisIsWeird Posts: 4,818 Forumite
    First Anniversary First Post Name Dropper
    Hi Slumber.
    I wouldn't worry about you having declared it - I think that sealant non-joint would be pretty obvious anyway. I think even the most basic survey would notice this, and it's to your credit that you've been up front about it.
    It's galling, yes, but won't be in a year's time after you've moved on. So keep your sensible head on, and be prepared to allow a discount for the new owner to have the joint redone correctly.
    Or, if you have LegProt included in your insurance, enquire about the chances of successfully suing the roofer, not the neighbour. See how positive they are, and make your decision.
  • Slumbershade
    Slumbershade Posts: 695 Forumite
    First Post First Anniversary Photogenic Name Dropper
    Hi Slumber.
    I wouldn't worry about you having declared it - I think that sealant non-joint would be pretty obvious anyway. I think even the most basic survey would notice this, and it's to your credit that you've been up front about it.
    It's galling, yes, but won't be in a year's time after you've moved on. So keep your sensible head on, and be prepared to allow a discount for the new owner to have the joint redone correctly.
    Or, if you have LegProt included in your insurance, enquire about the chances of successfully suing the roofer, not the neighbour. See how positive they are, and make your decision.
    Thanks, I can just about remain sensible. In surverys do they use cameras on extention poles to check the roofs normally to get the same type of photo froma distance i uploaded earlier? I will check my legal protection, but I think I have to sue her, his legal obligation may only be to her, but shall check. 
  • Slumbershade
    Slumbershade Posts: 695 Forumite
    First Post First Anniversary Photogenic Name Dropper
    edited 5 April at 5:28PM
    TheJP said:
    TheJP said:
    TheJP said:
    You're not in a dispute until you start one, so options 2 and 3 are for you to start the dispute, although I don't know where you've got the idea of an injunction.  You'd just make a small
    claim for cost of the repair you make. 

    Option 4 - the council has no powers.  These are private properties that they have zero interest in.  

    I can see improvements needed to your roof already, so maybe option 5 - just see what your buyers survey comes back with and you either just do the work or accept a price reduction for them to do it.  They may want a new roof like your neighbours.  

    It's not nice but I'd swallow it for an
    easy life and keep my buyers happy.  
    Thanks for the reply. One of the roofers said something about the council, maybe he was confused about the situation, ill check again on that. 

    Yes, I have had 2 different roofers say that it's the wrong roof type fitted on mine. However it has been fine for decades, with maybe 3 minor repairs over 20 years. 

    I have considered they may want to replace it entirely, however the sale could easily fall through, so it may still be a bad idea to put off any work.

    Any idea how long a legal dispute can last though? Would still love to sue her, she REALLLLY deserves it.
    Sue her for what exactly? First you need to prove that the works in 2023 were caused by the work she had done which would need to be an independent expert to investigate, in the unlikely event that you win she would only cover the cost of a repair which could be minor.

    I honestly think you have shot yourself in the foot by telling the buyers that there is an issue with the roof, most surveyors don't go into the loft they typically stand at the top of a ladder a shine a torch around so it may not be picked up anyway.

    At this point its your problem not your neighbours.
    I asked the estate agent, and they said to declare it. Fantastic. So I would also have to pay out for a full roofing survey then, I was hoping the buyer's survey could act as proof if anything shows up.
    You didn't have to declare anything. If I'm honest i think you are trying to pin something on the neighbour that wont stick and now you have got a rod up your back. If its £1600 just take the hit and move on. It will be cheaper than trying to sue the neighbour.
    300ish in small claims court. and 4 seperate roofers say its a travesty.. they cant allbe full of **** surely? Was hoping one would chime in if this is not so!

    But yeah could take over a year in court anyway.. so I wont do it unless she has the audacity to try and prevent me fixing and paying for her problem... which is actually quite possible.
    4 separate roofers touting for business wont be full of ****, honestly i think your putting a rod up your own back before you know you'll need to pay out but you kinda did that by telling the buyers up front.
    I almost came to ask here about that , but thought that I could trust the estate agent.. oh wells.

    Btw this is my roof BEFORE her guy touched it, he removed this whole 'fillet'.



    I will see if the dangerous building thing works, no harm in trying!
  • MultiFuelBurner
    MultiFuelBurner Posts: 2,928 Forumite
    First Post First Anniversary Photogenic Name Dropper
    Did you not take down the roofers details on their work vehicles when they did the roof? 

    I would go direct to them if they are still in business.
  • jonnydeppiwish!
    jonnydeppiwish! Posts: 1,188 Forumite
    First Post Mortgage-free Glee! Name Dropper First Anniversary
    Op, you’re fighting a losing battle, just to cut your nose off to spite your face.

    Honestly, you say you want to move then just pay to have the work repaired. In all likelihood, the roof work on the neighbours is fine, but your roof is now causing you an issue (you’ve already said it was the wrong type of roof!).

    Lesson in life - don’t declare anything when you sell unless you actually have to.

    Either pay for the repair or take the cost off the purchase price and move on away from your ‘nightmare’ neighbour. Although I could take a gamble and say that they might not be the entire problem…..
    2006 LBM £28,000+ in debt.
    2021 mortgage and debt free, working part time and living the dream
  • anselld
    anselld Posts: 8,275 Forumite
    Name Dropper First Post First Anniversary
    edited 9 January at 10:23AM
    TheJP said:
    TheJP said:
    TheJP said:
    You're not in a dispute until you start one, so options 2 and 3 are for you to start the dispute, although I don't know where you've got the idea of an injunction.  You'd just make a small
    claim for cost of the repair you make. 

    Option 4 - the council has no powers.  These are private properties that they have zero interest in.  

    I can see improvements needed to your roof already, so maybe option 5 - just see what your buyers survey comes back with and you either just do the work or accept a price reduction for them to do it.  They may want a new roof like your neighbours.  

    It's not nice but I'd swallow it for an
    easy life and keep my buyers happy.  
    Thanks for the reply. One of the roofers said something about the council, maybe he was confused about the situation, ill check again on that. 

    Yes, I have had 2 different roofers say that it's the wrong roof type fitted on mine. However it has been fine for decades, with maybe 3 minor repairs over 20 years. 

    I have considered they may want to replace it entirely, however the sale could easily fall through, so it may still be a bad idea to put off any work.

    Any idea how long a legal dispute can last though? Would still love to sue her, she REALLLLY deserves it.
    Sue her for what exactly? First you need to prove that the works in 2023 were caused by the work she had done which would need to be an independent expert to investigate, in the unlikely event that you win she would only cover the cost of a repair which could be minor.

    I honestly think you have shot yourself in the foot by telling the buyers that there is an issue with the roof, most surveyors don't go into the loft they typically stand at the top of a ladder a shine a torch around so it may not be picked up anyway.

    At this point its your problem not your neighbours.
    I asked the estate agent, and they said to declare it. Fantastic. So I would also have to pay out for a full roofing survey then, I was hoping the buyer's survey could act as proof if anything shows up.
    You didn't have to declare anything. If I'm honest i think you are trying to pin something on the neighbour that wont stick and now you have got a rod up your back. If its £1600 just take the hit and move on. It will be cheaper than trying to sue the neighbour.
    300ish in small claims court. and 4 seperate roofers say its a travesty.. they cant allbe full of **** surely? Was hoping one would chime in if this is not so!

    But yeah could take over a year in court anyway.. so I wont do it unless she has the audacity to try and prevent me fixing and paying for her problem... which is actually quite possible.
    4 separate roofers touting for business wont be full of ****, honestly i think your putting a rod up your own back before you know you'll need to pay out but you kinda did that by telling the buyers up front.

    Btw this is my roof BEFORE her guy touched it, he removed this whole 'fillet'.


    I will see if the dangerous building thing works, no harm in trying!
    So no better beforehand then (no bonding gutter).
  • ThisIsWeird
    ThisIsWeird Posts: 4,818 Forumite
    First Anniversary First Post Name Dropper
    By all means, seek advice. See what they say. In general, if they consider it a winnable case, they should be happy to pursue. But, if they add a lot of caveats - 'prove the leak was caused by this work', or perhaps if - as Ansell suggests - it may not have even have been an ideal roof join before, then that might guide you towards taking it on the chin.
    Look at the bigger picture. I accept your claim that your neighb is an 'ol, but just imagine going down a drawn-out path that messes up your sale, and realising why you've done this to yourself? Yup, for an 'ol... :-)

    But, ask. If your LP says, "Open and shut case, pal. Get three quotes for sorting it, send their roofer a letter before action giving them 2 weeks to respond, and - if they don't - get it fixed and we'll sue the pants off them", then, you know...
  • Herzlos
    Herzlos Posts: 14,682 Forumite
    First Anniversary Name Dropper First Post
    How long has the property been empty and when did you notice the problems? The longer you left it the worse it'll seem.

    Your most pragmatic approach is to pay someone to correct the work and enable the sale, then you can attempt to take the neighbour and the roofer to court to get your money back. Any court action will take MONTHS anyway.


    Or explain to the buyer what needs done and give them the quotes. They may decide to take the reduction in price and replace the whole roof anyway.
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