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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.
  • ChirpyChicken
    ChirpyChicken Posts: 1,476 Forumite
    1,000 Posts Name Dropper Photogenic
    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)
  • ChirpyChicken
    ChirpyChicken Posts: 1,476 Forumite
    1,000 Posts Name Dropper Photogenic
    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, 
  • FlorayG
    FlorayG Posts: 2,208 Forumite
    Seventh Anniversary 1,000 Posts Photogenic Name Dropper
    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 matter
  • user1977 said:
    FlorayG said:
    I don't think this would class as a 'neighbour dispute' on the sellers forms ( I may be wrong
    You are - this is exactly the sort of thing which ought to be declared. It's not the narrow interpretation you've applied.

    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).
    And this is what worries me because it does need to be explained when selling. I shouldn't even be in this position. 

    Maybe it will be sufficient to say the repair was carried out and provide evidence to confirm what date.
  • user1977
    user1977 Posts: 17,783 Forumite
    10,000 Posts Seventh Anniversary Photogenic Name Dropper
    user1977 said:
    FlorayG said:
    I don't think this would class as a 'neighbour dispute' on the sellers forms ( I may be wrong
    You are - this is exactly the sort of thing which ought to be declared. It's not the narrow interpretation you've applied.

    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).
    And this is what worries me because it does need to be explained when selling. I shouldn't even be in this position. 

    Maybe it will be sufficient to say the repair was carried out and provide evidence to confirm what date.
    I wouldn't say you need to declare disputes which have been resolved. As I queried above, I wonder why you appear to be contemplating selling with this problem still hanging over the property?
  • ChirpyChicken
    ChirpyChicken Posts: 1,476 Forumite
    1,000 Posts Name Dropper Photogenic
    user1977 said:
    FlorayG said:
    I don't think this would class as a 'neighbour dispute' on the sellers forms ( I may be wrong
    You are - this is exactly the sort of thing which ought to be declared. It's not the narrow interpretation you've applied.

    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).
    And this is what worries me because it does need to be explained when selling. I shouldn't even be in this position. 

    Maybe it will be sufficient to say the repair was carried out and provide evidence to confirm what date.
    why dont you just get the problem resolved ASAP.  
    You have been advised of the quickest route to do this.
  • user1977 said:
    FlorayG said:
    I don't think this would class as a 'neighbour dispute' on the sellers forms ( I may be wrong
    You are - this is exactly the sort of thing which ought to be declared. It's not the narrow interpretation you've applied.

    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).
    And this is what worries me because it does need to be explained when selling. I shouldn't even be in this position. 

    Maybe it will be sufficient to say the repair was carried out and provide evidence to confirm what date.
    why dont you just get the problem resolved ASAP.  
    You have been advised of the quickest route to do this.
    It's only been a day since I asked for advice. The same day I received advice I followed the advice and contacted the council / environmental health so I am dealing with it ASAP.
  • user1977 said:
    user1977 said:
    FlorayG said:
    I don't think this would class as a 'neighbour dispute' on the sellers forms ( I may be wrong
    You are - this is exactly the sort of thing which ought to be declared. It's not the narrow interpretation you've applied.

    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).
    And this is what worries me because it does need to be explained when selling. I shouldn't even be in this position. 

    Maybe it will be sufficient to say the repair was carried out and provide evidence to confirm what date.
    I wouldn't say you need to declare disputes which have been resolved. As I queried above, I wonder why you appear to be contemplating selling with this problem still hanging over the property?
    Disputes have to be declared years after they happened (I think) so I am concerned how this will impact on selling in the future because at some point I will be moving. Obviously I can't do anything until this issue is fixed.
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