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Poss neighbour dispute
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Ok, I didn't think it was the same thing because there are no solicitors involved. I though just claim handlers.
I wouldn't mind my insurers liaising with him but I would rather not speak to him directly from this point. I stopped asking him to carry out the repair when his tone changed. I have a strong feeling he could turn nasty and I'm not a tough enough person to handle it. I haven't done anything wrong or asked anything unreasonable.
I have made steps tonight to contact the council and emailed photos of the damage so will wait to hear back from them.
Fingers crossed it will be sooner rather than later. This is not how I wanted the new year to start.0 -
Right time to put your big boy pants on
This isn't actually that complicated to sort.
The leak is causing damage to your property and this is also classed in law as a private nuisance
So this is what I would do (and you do NOT need a solicitor to do this and if you succeed you should get your costs back from the other side)
Issue an an injunction which requires the defendant to carry out the repairs within a certain time period
Provide evidence via a witness statement (your own) that this lack of repair is damaging your property (photos can be included etc)
The aim of the injunction is to force him to act and to stop this nuisance from continuing .
You can log this at your local county court. It isn't that complicated and nothing to be scared of
Form N16A: Application for injunction (General form)0 -
Going down the above route is fairly quick and effective. Yes there are some court issue fees but they are not high. If you involve the council you could be waiting any length of time (thats even if they do anything with their lack of resources or interest)
You could do your application over the weekend for example and have it logged and paid for with the county court on Monday morning
The court fee unless your entitled to fee reduction is £365 and even with busy courts you should get a hearing within a few weeks,0 -
I don't think this would class as a 'neighbour dispute' on the sellers forms ( I may be wrong, just my thoughts). A 'dispute' is usually A says the boundary is HERE, B says it's NOT. A has erected a high fence, B has taken action to get them to remove it, neither can agree on the legal requirement.
I would think 'taking a landlord to legal methods to get him to fix a problem he clearly knows about' is a different matter0 -
FlorayG said:I don't think this would class as a 'neighbour dispute' on the sellers forms ( I may be wrong
Even if the OP hadn't already started arguing with the neighbour about it, the fact they know about a defect in next door's property which is causing a legal nuisance is something which they would have to declare (as the questions include anything likely to lead to a dispute).7 -
user1977 said:FlorayG said:I don't think this would class as a 'neighbour dispute' on the sellers forms ( I may be wrong
Even if the OP hadn't already started arguing with the neighbour about it, the fact they know about a defect in next door's property which is causing a legal nuisance is something which they would have to declare (as the questions include anything likely to lead to a dispute).
Maybe it will be sufficient to say the repair was carried out and provide evidence to confirm what date.0 -
going_nowhere_fast said:user1977 said:FlorayG said:I don't think this would class as a 'neighbour dispute' on the sellers forms ( I may be wrong
Even if the OP hadn't already started arguing with the neighbour about it, the fact they know about a defect in next door's property which is causing a legal nuisance is something which they would have to declare (as the questions include anything likely to lead to a dispute).
Maybe it will be sufficient to say the repair was carried out and provide evidence to confirm what date.1 -
going_nowhere_fast said:user1977 said:FlorayG said:I don't think this would class as a 'neighbour dispute' on the sellers forms ( I may be wrong
Even if the OP hadn't already started arguing with the neighbour about it, the fact they know about a defect in next door's property which is causing a legal nuisance is something which they would have to declare (as the questions include anything likely to lead to a dispute).
Maybe it will be sufficient to say the repair was carried out and provide evidence to confirm what date.
You have been advised of the quickest route to do this.0 -
ChirpyChicken said:going_nowhere_fast said:user1977 said:FlorayG said:I don't think this would class as a 'neighbour dispute' on the sellers forms ( I may be wrong
Even if the OP hadn't already started arguing with the neighbour about it, the fact they know about a defect in next door's property which is causing a legal nuisance is something which they would have to declare (as the questions include anything likely to lead to a dispute).
Maybe it will be sufficient to say the repair was carried out and provide evidence to confirm what date.
You have been advised of the quickest route to do this.0 -
user1977 said:going_nowhere_fast said:user1977 said:FlorayG said:I don't think this would class as a 'neighbour dispute' on the sellers forms ( I may be wrong
Even if the OP hadn't already started arguing with the neighbour about it, the fact they know about a defect in next door's property which is causing a legal nuisance is something which they would have to declare (as the questions include anything likely to lead to a dispute).
Maybe it will be sufficient to say the repair was carried out and provide evidence to confirm what date.0
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