We’d like to remind Forumites to please avoid political debate on the Forum.
This is to keep it a safe and useful space for MoneySaving discussions. Threads that are – or become – political in nature may be removed in line with the Forum’s rules. Thank you for your understanding.
PLEASE READ BEFORE POSTING: Hello Forumites! In order to help keep the Forum a useful, safe and friendly place for our users, discussions around non-MoneySaving matters are not permitted per the Forum rules. While we understand that mentioning house prices may sometimes be relevant to a user's specific MoneySaving situation, we ask that you please avoid veering into broad, general debates about the market, the economy and politics, as these can unfortunately lead to abusive or hateful behaviour. Threads that are found to have derailed into wider discussions may be removed. Users who repeatedly disregard this may have their Forum account banned. Please also avoid posting personally identifiable information, including links to your own online property listing which may reveal your address. Thank you for your understanding.
📨 Have you signed up to the Forum's new Email Digest yet? Get a selection of trending threads sent straight to your inbox daily, weekly or monthly!
The Forum now has a brand new text editor, adding a bunch of handy features to use when creating posts. Read more in our how-to guide
Party wall act - owner now trying to claim back all expenses
goldfrapp
Posts: 27 Forumite
hi all
I have a dilemma 2021 someone bought the house next-door to me I live in a terraced street, I am mid terrace, from the get-go we had issues with the owner of the property, he was competing a total refurb on the property and within a few months he had undermined our fence at the rear, then was telling us our home was too far over his, he also tried to get an adjoining neighbour to remove their 12 year old extension. Between the breakdown in relationship and numerous things he done to our property and the way in which he dealt with these obstacles we had a bad relationship. Then around 11 months ago he told me he was fitting a flue via the party wall and I had to pay for it, and the flue would be on his roof, this flue was for a multi fuel stove and not the main heating source in the property. I asked how he was going to do this and he told me he was doing it himself with his son, the man is 74 and his son is to be blunt useless at DIY in general let alone fit a flue. we have a wood burning stove and we know what we had to do to get this installed we employed a roofer and a HETAS engineer for this and we have the flue swept twice a year, we have a vent to the front of the property and are fully aware of the recommendations needed for one to be installed legally. So alarm bells rang and I said No it's not happening, unless you employ someone who is registered to do so. A few weeks later I had a letter from his solicitor to tell me he was going ahead with the works and that he was employing a surveyor. We waited for correspondence from the survey, and we refused for works to go ahead so disputed, we asked for a breakdown of works and we were asked to complete a template letter by his surveyor to state the dispute. We went ahead and in the meantime I gained some information from a surveyor, he told me my neighbour would have to pay for my surveyor and his and any works he wanted done, and that it would not cost me anything, I am within my rights to dispute the works.
we then had another letter from his surveyor asking me to appoint a surveyor, so we did, the survey was very much for us, in the beginning, and then he told us basically we had to allow this to be done and he would work with my neighbours surveyor and they would issue an award.
The award was issued, in the meantime the neighbour started harassing me making comments to me about me being awkward and that I had complained about everything.
Also in May of this the works were completed on the property and it was rented out to a young man local to me. to be honest the tenant was fine with us both, but was fully aware of the issues we had faced with the landlord and kept out of it, but was making comments to neighbours whom we had known for 23 years since living here, and frankly were not happy about this, but we said nothing.
The award was sent to us and he had to give us 2 weeks notice for works to start, scaffolding was top at the front it had been there for over 2 years, and the flue was to be put on the back of my property roof, using scaffolding on his back of property and over our roof space to fit the flue in compliance with regulations. So we just thought we had done the right thing and at least it was being done correctly. it is what it is?
Around 4 weeks ago I was working at home, I had a hand written letter posted though the door stating he had employed a contractor and they would be calling to fit the flue in due course. so he had given us the decency of notice..... but 2 hours after the letter was hand delivered 2 vans pulled up outside my home and 4 work men started claiming on the scaffolding and onto my roof? I rang my husband and went outside I could see the one van was a local stove fitter who I know so I asked him what he was doing he said I'm fitting the flue for the landlord, I stated he had only given me the letter that morning and I was entitled to 2 weeks notice, he did not know anything about this and he said the landlord had instructed him to go to my property asap and start works and I was happy about it and not to worry about asking me anything.
we were furious, we could not believe the audacity of this man, I explained to the men what was happening and thankfully my husband was on loud speaker to hear and speak to them, thankfully 2 of the roofers there knew my husband and explained that our roof was in a bad way, the flue was not straight and tiles were misplaced, this was all done by our neighbour over the last few months, but we had no proof of him doing it, but he was on our roof several times over the last 9 months, so he asked me would we agree to do the flue and he would put right the damage my neighbour had done, and make safe my flue, by this time we were so fed up of the back and forth we agreed. Once the works were completed he showed me pictures of the work he put right, and told me it was all done correctly gave me pictures of our roof and also his certificates showing he was registered. He then told me he was not fitting the actual fire, he said the owner had told him he was going to do this himself, knowing once the plate was removed from inside the property he was basically breaking the law as you had to be certified to connect the flue to the fire. we were upset but just glad it was done.
And onto the issue, we had a letter from the owners solicitor yesterday saying he was claiming nearly £6,000 back from us for all the works basically saying I have been totally unreasonable and I now need to pay for everything including a new stove.
I have rang my insurance as I knew I had taken out legal cover, they have asked for everything to be sent to them within the next week or so, and then once reviewed they will make a decision as to if they will represent us, we are in shock and so frightened this bully is going to get away with this.
he told me over 12 months ago he wanted a log burner and I was going to pay for it, I thought he was just a bit crazy but he really thinks he can do this.
he has not taken any of the steps he should of in accordance with the Party wall award, can he really do this to us?
Can anyone advise please we are at our wits end, any advice would be truly appreciated, we are worrying ourselves so much.
I have also posted in Home DIY etc sorry if this is not the right thread
I have a dilemma 2021 someone bought the house next-door to me I live in a terraced street, I am mid terrace, from the get-go we had issues with the owner of the property, he was competing a total refurb on the property and within a few months he had undermined our fence at the rear, then was telling us our home was too far over his, he also tried to get an adjoining neighbour to remove their 12 year old extension. Between the breakdown in relationship and numerous things he done to our property and the way in which he dealt with these obstacles we had a bad relationship. Then around 11 months ago he told me he was fitting a flue via the party wall and I had to pay for it, and the flue would be on his roof, this flue was for a multi fuel stove and not the main heating source in the property. I asked how he was going to do this and he told me he was doing it himself with his son, the man is 74 and his son is to be blunt useless at DIY in general let alone fit a flue. we have a wood burning stove and we know what we had to do to get this installed we employed a roofer and a HETAS engineer for this and we have the flue swept twice a year, we have a vent to the front of the property and are fully aware of the recommendations needed for one to be installed legally. So alarm bells rang and I said No it's not happening, unless you employ someone who is registered to do so. A few weeks later I had a letter from his solicitor to tell me he was going ahead with the works and that he was employing a surveyor. We waited for correspondence from the survey, and we refused for works to go ahead so disputed, we asked for a breakdown of works and we were asked to complete a template letter by his surveyor to state the dispute. We went ahead and in the meantime I gained some information from a surveyor, he told me my neighbour would have to pay for my surveyor and his and any works he wanted done, and that it would not cost me anything, I am within my rights to dispute the works.
we then had another letter from his surveyor asking me to appoint a surveyor, so we did, the survey was very much for us, in the beginning, and then he told us basically we had to allow this to be done and he would work with my neighbours surveyor and they would issue an award.
The award was issued, in the meantime the neighbour started harassing me making comments to me about me being awkward and that I had complained about everything.
Also in May of this the works were completed on the property and it was rented out to a young man local to me. to be honest the tenant was fine with us both, but was fully aware of the issues we had faced with the landlord and kept out of it, but was making comments to neighbours whom we had known for 23 years since living here, and frankly were not happy about this, but we said nothing.
The award was sent to us and he had to give us 2 weeks notice for works to start, scaffolding was top at the front it had been there for over 2 years, and the flue was to be put on the back of my property roof, using scaffolding on his back of property and over our roof space to fit the flue in compliance with regulations. So we just thought we had done the right thing and at least it was being done correctly. it is what it is?
Around 4 weeks ago I was working at home, I had a hand written letter posted though the door stating he had employed a contractor and they would be calling to fit the flue in due course. so he had given us the decency of notice..... but 2 hours after the letter was hand delivered 2 vans pulled up outside my home and 4 work men started claiming on the scaffolding and onto my roof? I rang my husband and went outside I could see the one van was a local stove fitter who I know so I asked him what he was doing he said I'm fitting the flue for the landlord, I stated he had only given me the letter that morning and I was entitled to 2 weeks notice, he did not know anything about this and he said the landlord had instructed him to go to my property asap and start works and I was happy about it and not to worry about asking me anything.
we were furious, we could not believe the audacity of this man, I explained to the men what was happening and thankfully my husband was on loud speaker to hear and speak to them, thankfully 2 of the roofers there knew my husband and explained that our roof was in a bad way, the flue was not straight and tiles were misplaced, this was all done by our neighbour over the last few months, but we had no proof of him doing it, but he was on our roof several times over the last 9 months, so he asked me would we agree to do the flue and he would put right the damage my neighbour had done, and make safe my flue, by this time we were so fed up of the back and forth we agreed. Once the works were completed he showed me pictures of the work he put right, and told me it was all done correctly gave me pictures of our roof and also his certificates showing he was registered. He then told me he was not fitting the actual fire, he said the owner had told him he was going to do this himself, knowing once the plate was removed from inside the property he was basically breaking the law as you had to be certified to connect the flue to the fire. we were upset but just glad it was done.
And onto the issue, we had a letter from the owners solicitor yesterday saying he was claiming nearly £6,000 back from us for all the works basically saying I have been totally unreasonable and I now need to pay for everything including a new stove.
I have rang my insurance as I knew I had taken out legal cover, they have asked for everything to be sent to them within the next week or so, and then once reviewed they will make a decision as to if they will represent us, we are in shock and so frightened this bully is going to get away with this.
he told me over 12 months ago he wanted a log burner and I was going to pay for it, I thought he was just a bit crazy but he really thinks he can do this.
he has not taken any of the steps he should of in accordance with the Party wall award, can he really do this to us?
Can anyone advise please we are at our wits end, any advice would be truly appreciated, we are worrying ourselves so much.
I have also posted in Home DIY etc sorry if this is not the right thread
0
Comments
-
The House buying, renting & selling — MoneySavingExpert Forum board might be more appropriate for your property query.
I'll ask for it to be moved there,1 -
I'd also recommend that you post on this forum: Housing, Property and Neighbours - LegalBeagles Forum
Some of the posters there are practising lawyers1 -
@Doozergirl maybe for this one.
Really can’t see how he has a claim that you pay for his stove, sounds bizarre.
Might be worth posting a copy of the letter you got (about the £6k) (with any personal info, yours, theirs and the solicitor, removed).
In the game of chess you can never let your adversary see your pieces1 -
Just because you’ve got a letter from a solicitor doesn’t mean there’s any legal merit to it. Solicitors tend to say what their clients pay them to say and it doesn’t automatically follow that there is any validity to their claim.
What did your surveyor say about the flue? Because I’m pretty sure in my mid terrace I wouldn’t agree to a neighbour fitting that on my roof.All shall be well, and all shall be well, and all manner of things shall be well.
Pedant alert - it's could have, not could of.3 -
Hi all,
This thread has now been moved to the House Buying, Renting & Selling board.
MSE JC--------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Official MSE Forum Team member.Please report all problem posts to forumteam@moneysavingexpert.com1
Confirm your email address to Create Threads and Reply
Categories
- All Categories
- 354.6K Banking & Borrowing
- 254.5K Reduce Debt & Boost Income
- 455.5K Spending & Discounts
- 247.5K Work, Benefits & Business
- 604.3K Mortgages, Homes & Bills
- 178.5K Life & Family
- 261.8K Travel & Transport
- 1.5M Hobbies & Leisure
- 16.1K Discuss & Feedback
- 37.7K Read-Only Boards