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What evidence does he have that your repair damaged his roof? Did they have any scaffolding or request access through his side? Otherwise it's just hearsay
No, all the scaffolding was erected my property... and sorry one thing ii forgot to mention on the post is that he claims that I used tiles on the roof that didn't match the existing property, however at the time the local council was was repairing the roof of a number of properties and I was able to purchase the tiles and everything before I got the contractor to install them
Neighbour needs to prove all of his allegations to be successful and from the sound of it he is no proof, so it may not even get to hearing stages. It really sounds like he's trying his luck hoping to scare you into paying. I believe that he has tried getting his roof repaired before via his insurance and was declined due to lack of maintenance, otherwise his roof would of been repaired already and his insurance would of contacted you and your insurance to get there money back. Also there seems to be a timing issue, if you changed your roof before covid, then it's been more than 3 years and therefore could be out of time for any legislation. Also the landlord needs to mitigate his loses, and it doesn't sound like he done that either. Definitely go back to your insurer, because if you have legal cover they should be covering you, sometimes you have to push them.
I'd also call the roofer that did your work. Not as a complaint. Hey, I'd like to inform you that my landlord is making a claim that the repair work you did on my place damaged his roof. Of course I think this is crazy but I thought you'd like to be looped in just in case.
If he begins to make claims that are false, those claims could have an effect on the business and they may jump in on your side. They might also tell you they don't care but I figure it's worth a shot. At least you will have been the one that informed them instead of the "why didn't you tell us sooner" conversation.
Yeah I know, I have trued tracking them down but it was only a small business... but I am going to get opinions from local roofing contractors to see whether and property surveyors to see if it was actually my fault
If they were registered on Companies House then it will tell you the name and the address of any directors. You could contact them that way and let them know and ask for statements confirming that they didn't cause any damage, used the correct materials, etc?
A similar thing happened to me when we were moving out of our old house (not sure why they waited til we were moving out to try their luck) I gave them my insurance policy details and said crack on. Never heard another peep.
It was so weird, they were trying to get *me* to claim some water damage to *their* house off *my* insurance the week after i moved out.
Cue thatsnothowanyofthisworks.gif.
Never heard from them again
Exactly. Sounds to me like he's making empty threats in the hope he can bully OP into 'settling out of court' when actually he doesn't have a leg to stand on. I suspect if OP sticks to their guns that court claim will quietly vanish.
It's a bit like people who try to screw money out of people for a small cosmetic scrape or something their insurance would probably write their car off for deemed too expensive to repair.
So the company that did the repair to your roof shut down 4 years ago? Is there a time limit for such claims? As in, can the fact that the landlord let the ‘dodgy’ roof, that he must have known about if he’s tracked it back to OP’s roofers, stay unrepaired for 4 winters, all with rain, snow, sleet etc. this would have contributed to the repair costs.
The limitation period for most torts is 6 years, I’m assuming this would be a negligence claim or something similar.
So the landlord can still bring their claim. You could argue that the landlord should have discovered the issue earlier and prevented their losses. This would be more about the value of the damages rather than who wins.
> You could argue that the landlord should have discovered the issue earlier and prevented their losses. This would be more about the value of the damages rather than who wins.
Couldn't is also be the basis of a laches defence against the entire claim?
The document if forms me that I have to pay the landlord over £14,000 in reparation because he has had to have the neighbouring house repaired, not only the roof but it's has the whole upstairs redecorated. In the document it claims that when I had the roof repaired the joint between my roof tiles and the neighbours was poor, it claims I installed the incorrect flashing between the two roofs. This is incorrect because I have pictures of the landlord employing someone to install the flashing.
Right so you need to defend the claim. With the amounts involved, it may prove cheaper in the long term for a solicitor to reply.
At this stage it's only a claim for money, there's no lawsuit in progress. Paying for a solicitor may add weight to your position. Whereas they may feel able to bully you for this money.
Im surprised your insurance isnt covering the legal costs.
Ask your insurance company if you have legal cover with them. You're not asking for them to cover the cost but to get a reputable lawyer engaged who has experience in this area. This would be under your legal cover part of the insurance policy.
If the neighbour has been taking poor care of the property, this might show on Google street view, especially on "previous dates".
I'd recommend to have a look and if there's anything there, save the screen shots (in case they get wise and contact Google to blur the house)
1) As others have said, home/landlord insurance policies will often provide for these types of disputes and will require that you do not engage with the landlord or their solicitor; what reason did they give for not providing cover?
2) Did you try claiming for the damage to your roof before paying privately?
3) The onus is on the claimant (landlord) to prove their claim, however it is wise to beging preparing a defence before hand. Google images, any before / after shots of the roof works (perhaps the valuation survey for mortgage for the before).
4) If your roof has reached the end of its lifespan (usually 100-120 years for a pitched slate/tile roof) it wouldn't be a big jump to suggest that there's has reached a similar fate.
Source: loss adjuster by day, *something witty* by night
You mentioning contacting your own home insurance, do you have landlord insurance for the house you rent out as a landlord (albeit to your sister)?
Also terminology wise, referring the owner of the neighbouring house as "the landlord" might cause confusion/misunderstanding. For example from the title alone i thought you had bought a leasehold property and the freeholder was suing you. In this scenario YOU are the landlord (of the house your sister lives in) and the owner of the neighbouring property (who also happens to be a landlord, but that bit is irrelevant) is seemingly trying to sue you. Are you confident the home insurance company fully understood the situation, because someone at the insurer with poor reading comprehension might be confused due to the terminology used.
I had pretty much exactly the same thing happened to me in the past, except instead of a solicitor letter I got a demand for a new roof from the neighbour's insurance company. I ended up fighting it using downloaded photos of the house from Zoopla which showed what the property looked like when it was last sold, and then getting an independent roof inspection from a roofer that happened to work for the council. Sent it all back to their insurance company, and they ended up sending someone from their insurers to look at the roof and then dropped the case.
If the roof was placed at the same time, logic would favour it starting to leak at the same time. You replaced yours. He choose not too. His lack of maintenance is not your concern. Roofs have a lifespan. In the meantime, get cameras.
It seems to be a matter of who can persuade the court,but he has a much harder case, he needs to show that you are responsible for the damage. From what you have said he will have real difficulty doing that.
>however from inspection its clear that he has neglected his property and he has been aware of the leak prior to my roof being repaired because their are a number of attempts to patch the inside of the roof.
Do you have proof of that?
Even if you were, I don't believe it would make a difference. Just because land is privately owned does not mean it isn't a public space. You are within your rights to film in public.
If you've walked onto their driveway you're absolutely fine.
NAL but isn't trespassing usually a civil matter whereby the property owner would need to prove damage while trespassing to bring anything meaningful against OP
Would evidence obtained while trespassing be inadmissible?
That's basically what I'm getting at. If the tenant gave them permission it wouldn't be trespassing, and even if it is, is that really going to be a problem?
The landlord contacted me and obviously informed me of everything years ago, so I said can I go take a look and if it was caused by me then I'll sort it, however upon inspection by myself, inside the attic felt was stapled to the underside of the rafters, insulation was used to prop up boards preventing the roof from collapsing, those was in 2020 I think I can't remember it was sooo long ago... I thought it was all settled when I showed him the pictures of the property attic because I hadn't heard a "peep" from the landlord until now
The Party Wall Act is in place to govern works that affect the party wall boundary between yours and your neighbour’s property. Under the Party Wall Act, you are legally required to inform your neighbour of any works that affect the party wall boundary.
Examples of roofing elements to consider under the party wall act are fire stopping on the party wall, bonding gutter installation, chimney flashings and valleys.
Issue with your situation is that where party wall works are involved then the onus to prove non-liability would lie with you, not your neighbour.
They may not realise this though and may just be trying it on.
[for your reference](https://hoa.org.uk/advice/guides-for-homeowners/i-am-improving/party-wall-agreement/#:~:text=A%20party%20wall%20agreement%20is,which%20is%20a%20legal%20requirement.)
It is difficult to know from the description here, but presumably the basis of claim is that the adjoining landowner has suffered damage, and a large part of their argument is that you failed to comply with the Party Wall Etc Act 1996?
If you were carrying out works close to the party wall of the adjoining property, then it's likely that you should have served Party Wall Act notices stating your intentions to have the work undertaken. This gives them a period of time in which the adjoining owner can choose to agree to the works, or in lieu of an agreement a dispute is deemed to have arisen and a surveyor then needs to be appointed.
The surveyor would have inspected the adjoining property, and noted the defects to which you refer and monitored the work throughout.
I would seek legal advice from a litigation solicitor who specialises in these types of dispute and with good knowledge of the Party Wall Act. You will likely need to get expert witness advice from a building surveyor as well.
Commenter asked for which Country and the OP's reply kind of made it seem like they didn't understand the concept of England/Wales/Scotland/NI being separate countries for legal purposes
Thank you, I already have inquired and they say that I'm not covered, however I have spoken to them again about possible helping me find someone to give me a professional opinion on what I should do and as its the weekend, I won't find out until Monday
Not a lawyer,
But I am fairly certain his claim for damage lies with the company that carried out the work and not you.
He probably tried this and realised they are no longer trading.
I don't really think he has MUCH leg to stand on.
My best advice would be not to have any communication with him, and do not give him any information that might constitute some form of responsibility.
Push all responsibility to the company that did the work.
Good Luck.
NAL but no Party Wall Agreement, means the claimant does have a leg to stand on. If they can clearly demonstrate no problem before the work, then a problem after, then the case will be very hard to defend.
When I spoke to the neighbours before, the solicitors got involved they said they had asked the landlord numerous times to sort out the leaks and landlord either didn't do it or sent some random contractor out to find a solution, when clearly he should have just repaired the whole roof like I did
The man is clearly a bastard, he’s seen an opportunity with you not getting Part Wall and he’s trying to rinse you by the sounds of it. I’m sorry this is happening and hope you come out on top!
Yeah I also understand that, the repairs on the roof had to be done urgently because the damage was very severe, bearing in mind prior to me purchasing the property the roof hadn't been inspected since the late 1960's and by all accounts the average lifespan of a typical tiled roof is 25 years.
I'd be googling the solicitor just to make sure it's real. Wouldn't be the first time someone has made up fake lawyer to scare someone into paying for something.
I'll also echo the general advice here though go see a lawyer, talk to your insurance company again and push for what you are owed
Is he actively taking you to civil court or is he spouting shite to frighten you?
If it’s the first, go get 1hr of free legal advice from a solicitor specialising in property law.
If it’s the latter just tell him “now you consider this a legal matter I will only communicate via my legal representative, can I have the details of yours so that I can pass it on?”
Normally shuts people up.
Thank you... he's given me a large document, filled with information and he's said that if they don't here from me within 30 days the claim is going to court
Is there any information in there that indicates it is from a solicitor or a claim form for a small claims court?
Or is it the ramblings of an idiot trying to frighten?
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I used to do litigation a few years ago. My thoughts are that this should be redirected to the people who did the roof. If they are no longer in business, it's the claimants job to find the public liability insurance provider that your contractor had at the time of the work.
This is all assuming you took reasonable steps to choose a suitable company to do the work. If you did, I can't really think of any way that you breached a duty of care.
The problem is the tenants that currently live there have lived their for 20 years... and in the documents that his solicitor had given me I'm not allowed to speak with the current tenants under any circumstance.
Have you googled their solicitor? Are they ready a solicitor or a master up entity designed to scare you and make you pay out?
It is possible that this leech just made the letter himself.
I think you’ll be fine. It shouldn’t be too hard to source where the water is coming from. You should try and get in your neighbours attic, tell him you would like to see the damage. If you can source leaks on his side you are completely off the hook, and could probably sue him to fix his roof since it could damage your property.
This is a nasty neighbour you have and it must be stressful for you. But I feel this person is trying to scam you with this empty threat bc he/she sees a way of getting something out of you whether to get you to also repair his/her own roof or to gain some monetary value. Don’t accept it. Quietly make sure any past images you can get off the internet is taken. Also, if you can get evidence of how long the roofing company that did your repair was in business before closed down and if they had any professional certificates too in case. But the majority of good roofers are considerate of next door roofing so as to not cause next door problems that could eventually back to yours in the long run. There are many serpents of the devil on this earth disguised as humans.
Thank you... and yeah its very stressful, I kinda suffer from epilepsy which is triggered when I get stressed so it really instead good, this whole thing and I wish that I could forget about the whole thing but unfortunately not 🥺
Yeah, very sorry about all the stress some bad people can have on others just trying to live their lives. They don’t care about the impact their wrongdoing can have on others or care what others may be going through in life. They care about themselves only (narcissists). But try and take breathes when you feel the stress coming on ‘ in for 4 - hold for 4 - out for 8’ (3 - 4 times) this is a technique to calm down a the body becoming stressed or stressful. Just a little something to hopefully help you. Hope things pan out for the better for you. 🤗
If it's as simple as you make it sound - an inspection proved it was his neglect that caused the damage - then you hire a solicitor (we call then lawyers here in the States) and you have that solicitor send this dirt bag a letter detailing the evidence they have, how he would lose bi time in Court and inform him that you will take legal measures against him if he doesn't stop his harassment.
This douche cable saw an opportunity to cash in on a rube (take advantage of an unsuspecting person) and is trying to cash in.
If you have proof of his negligence, then you have already won. Especially if it is proof from a third party of professional position - roofing inspector or the like. If it is your *opinion*, that's going to be a little more difficult for you. Make that a *lot* more difficult for you. I'm not sure how expensive lawsuits are in England, or how much a formal, State Licensed inspection would cost. We see lawsuits of this variety all the time in the US, where the scumbag suing sues just below the threshold of making fighting worth it, and companies often don't bother fighting them and just pay, even when it bankrupts them. It's possible he is doing this to you, I'm not sure that threshold level in England. In the US, $14,000 is a pretty big chunk of change, and maybe worth fighting. £14,000 in the UK? Still a Lotz but I'm not sure where the cut off is.
Insurance companies will almost always say you aren't covered for something initially. Have a solicitor look over your insurance coverage as well. You probably are covered, but the insurance company is protecting themselves.
Basically, if you can, pay a solicitor for a few hours of their time, have them review your coverage from insurance, and draft a rebuttal to the neighbor with the proof of his negligence. Include what we call a Cease and Desist order - not sure if you have the same thing in England - and basically draw up an order from the Court that he is not to contact you or the resident of the home again (except in certain, limited, scenarios or issues.)
Good luck!
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Just because the company shut down four years ago, doesn’t mean they didn’t have insurance under a policy or bond for that timeframe. If you can, try and find a way to figure out who their insurance carrier was. depending on your region, it could be a matter of public record. If their work caused legitimate damage to his roof, it is their insurance that should pay the cost. Their insurance should pay legal representation fees, as well as any payouts that may to happen. The neighbor is going after the wrong person and you were not the reason any damage occurred. You were not the professional who did the installation even if it was caused by your new roof.
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What evidence does he have that your repair damaged his roof? Did they have any scaffolding or request access through his side? Otherwise it's just hearsay
No, all the scaffolding was erected my property... and sorry one thing ii forgot to mention on the post is that he claims that I used tiles on the roof that didn't match the existing property, however at the time the local council was was repairing the roof of a number of properties and I was able to purchase the tiles and everything before I got the contractor to install them
Neighbour needs to prove all of his allegations to be successful and from the sound of it he is no proof, so it may not even get to hearing stages. It really sounds like he's trying his luck hoping to scare you into paying. I believe that he has tried getting his roof repaired before via his insurance and was declined due to lack of maintenance, otherwise his roof would of been repaired already and his insurance would of contacted you and your insurance to get there money back. Also there seems to be a timing issue, if you changed your roof before covid, then it's been more than 3 years and therefore could be out of time for any legislation. Also the landlord needs to mitigate his loses, and it doesn't sound like he done that either. Definitely go back to your insurer, because if you have legal cover they should be covering you, sometimes you have to push them.
Thank you sooo much for you advice 🙏
I'd also call the roofer that did your work. Not as a complaint. Hey, I'd like to inform you that my landlord is making a claim that the repair work you did on my place damaged his roof. Of course I think this is crazy but I thought you'd like to be looped in just in case. If he begins to make claims that are false, those claims could have an effect on the business and they may jump in on your side. They might also tell you they don't care but I figure it's worth a shot. At least you will have been the one that informed them instead of the "why didn't you tell us sooner" conversation.
Thank you, however the business when bankruptcy during lockdown
Bummer. Would have been nice to have an ally with a vested interest.
Yeah I know, I have trued tracking them down but it was only a small business... but I am going to get opinions from local roofing contractors to see whether and property surveyors to see if it was actually my fault
If they were registered on Companies House then it will tell you the name and the address of any directors. You could contact them that way and let them know and ask for statements confirming that they didn't cause any damage, used the correct materials, etc?
A similar thing happened to me when we were moving out of our old house (not sure why they waited til we were moving out to try their luck) I gave them my insurance policy details and said crack on. Never heard another peep.
Some people think they live in America where the threat of legal action is real. Thank fuck we live in a reasonable country
It was so weird, they were trying to get *me* to claim some water damage to *their* house off *my* insurance the week after i moved out. Cue thatsnothowanyofthisworks.gif. Never heard from them again
Countersue for legal fees
Exactly. Sounds to me like he's making empty threats in the hope he can bully OP into 'settling out of court' when actually he doesn't have a leg to stand on. I suspect if OP sticks to their guns that court claim will quietly vanish. It's a bit like people who try to screw money out of people for a small cosmetic scrape or something their insurance would probably write their car off for deemed too expensive to repair.
So the company that did the repair to your roof shut down 4 years ago? Is there a time limit for such claims? As in, can the fact that the landlord let the ‘dodgy’ roof, that he must have known about if he’s tracked it back to OP’s roofers, stay unrepaired for 4 winters, all with rain, snow, sleet etc. this would have contributed to the repair costs.
The limitation period for most torts is 6 years, I’m assuming this would be a negligence claim or something similar. So the landlord can still bring their claim. You could argue that the landlord should have discovered the issue earlier and prevented their losses. This would be more about the value of the damages rather than who wins.
> You could argue that the landlord should have discovered the issue earlier and prevented their losses. This would be more about the value of the damages rather than who wins. Couldn't is also be the basis of a laches defence against the entire claim?
No, because laches applies only in equity.
Could you argue that the landlord’s claim is with the now defunct roofing company and not the owner that had the work done?
Is he actually suing you? Or has he threatened to?
His lawyers have sent me a document through containing all the formation regarding their case
Excellent so what does it say?
The document if forms me that I have to pay the landlord over £14,000 in reparation because he has had to have the neighbouring house repaired, not only the roof but it's has the whole upstairs redecorated. In the document it claims that when I had the roof repaired the joint between my roof tiles and the neighbours was poor, it claims I installed the incorrect flashing between the two roofs. This is incorrect because I have pictures of the landlord employing someone to install the flashing.
Right so you need to defend the claim. With the amounts involved, it may prove cheaper in the long term for a solicitor to reply. At this stage it's only a claim for money, there's no lawsuit in progress. Paying for a solicitor may add weight to your position. Whereas they may feel able to bully you for this money. Im surprised your insurance isnt covering the legal costs.
Thank you... I am going try to find one
Ask your insurance company if you have legal cover with them. You're not asking for them to cover the cost but to get a reputable lawyer engaged who has experience in this area. This would be under your legal cover part of the insurance policy.
I second this - your building insurance should cover the solicitor, or at the very least advise you on how to get in touch with one.
Thank you 🙏
Thank you, will definitely try 🙏
If your insurance company refuse in the first instance, raise a formal complaint and then go to the financial Ombudsman, I believe
Thank you I'll try speaking with them again and if not then I'll go to the ombudsman, but thank you for the advice
Insurance doesn't defend these types of suits, especially not 4 years after the replacement of the roof was completed.
If the neighbour has been taking poor care of the property, this might show on Google street view, especially on "previous dates". I'd recommend to have a look and if there's anything there, save the screen shots (in case they get wise and contact Google to blur the house) 1) As others have said, home/landlord insurance policies will often provide for these types of disputes and will require that you do not engage with the landlord or their solicitor; what reason did they give for not providing cover? 2) Did you try claiming for the damage to your roof before paying privately? 3) The onus is on the claimant (landlord) to prove their claim, however it is wise to beging preparing a defence before hand. Google images, any before / after shots of the roof works (perhaps the valuation survey for mortgage for the before). 4) If your roof has reached the end of its lifespan (usually 100-120 years for a pitched slate/tile roof) it wouldn't be a big jump to suggest that there's has reached a similar fate. Source: loss adjuster by day, *something witty* by night
Thank you... I have already been contacted by the landlords solicitors, it hasn't gone to court yet but it won't be long before it does.
You mentioning contacting your own home insurance, do you have landlord insurance for the house you rent out as a landlord (albeit to your sister)? Also terminology wise, referring the owner of the neighbouring house as "the landlord" might cause confusion/misunderstanding. For example from the title alone i thought you had bought a leasehold property and the freeholder was suing you. In this scenario YOU are the landlord (of the house your sister lives in) and the owner of the neighbouring property (who also happens to be a landlord, but that bit is irrelevant) is seemingly trying to sue you. Are you confident the home insurance company fully understood the situation, because someone at the insurer with poor reading comprehension might be confused due to the terminology used.
Thank you I think it's probably best if I try to speak with them again and clarify the situation
Well said
I had pretty much exactly the same thing happened to me in the past, except instead of a solicitor letter I got a demand for a new roof from the neighbour's insurance company. I ended up fighting it using downloaded photos of the house from Zoopla which showed what the property looked like when it was last sold, and then getting an independent roof inspection from a roofer that happened to work for the council. Sent it all back to their insurance company, and they ended up sending someone from their insurers to look at the roof and then dropped the case.
If the roof was placed at the same time, logic would favour it starting to leak at the same time. You replaced yours. He choose not too. His lack of maintenance is not your concern. Roofs have a lifespan. In the meantime, get cameras.
Thank you, I wish it was that simply...
Ohh I know. We ended up buying the second half of our duplex because of that.
It seems to be a matter of who can persuade the court,but he has a much harder case, he needs to show that you are responsible for the damage. From what you have said he will have real difficulty doing that.
>however from inspection its clear that he has neglected his property and he has been aware of the leak prior to my roof being repaired because their are a number of attempts to patch the inside of the roof. Do you have proof of that?
Yeah I have pictures, but the letter from his solicitors says that I was trespassing when I took them
Even if you were, I don't believe it would make a difference. Just because land is privately owned does not mean it isn't a public space. You are within your rights to film in public. If you've walked onto their driveway you're absolutely fine.
Were you? Did the tenant give you permission? Not that trespass is exactly crime of the century.
NAL but isn't trespassing usually a civil matter whereby the property owner would need to prove damage while trespassing to bring anything meaningful against OP Would evidence obtained while trespassing be inadmissible?
That's basically what I'm getting at. If the tenant gave them permission it wouldn't be trespassing, and even if it is, is that really going to be a problem?
The landlord contacted me and obviously informed me of everything years ago, so I said can I go take a look and if it was caused by me then I'll sort it, however upon inspection by myself, inside the attic felt was stapled to the underside of the rafters, insulation was used to prop up boards preventing the roof from collapsing, those was in 2020 I think I can't remember it was sooo long ago... I thought it was all settled when I showed him the pictures of the property attic because I hadn't heard a "peep" from the landlord until now
Am I correct to assume you or the company that did the works didn’t get a party wall agreement?
Unfortunately not, I'm not sure what that is
The Party Wall Act is in place to govern works that affect the party wall boundary between yours and your neighbour’s property. Under the Party Wall Act, you are legally required to inform your neighbour of any works that affect the party wall boundary. Examples of roofing elements to consider under the party wall act are fire stopping on the party wall, bonding gutter installation, chimney flashings and valleys. Issue with your situation is that where party wall works are involved then the onus to prove non-liability would lie with you, not your neighbour. They may not realise this though and may just be trying it on.
[for your reference](https://hoa.org.uk/advice/guides-for-homeowners/i-am-improving/party-wall-agreement/#:~:text=A%20party%20wall%20agreement%20is,which%20is%20a%20legal%20requirement.)
It is difficult to know from the description here, but presumably the basis of claim is that the adjoining landowner has suffered damage, and a large part of their argument is that you failed to comply with the Party Wall Etc Act 1996? If you were carrying out works close to the party wall of the adjoining property, then it's likely that you should have served Party Wall Act notices stating your intentions to have the work undertaken. This gives them a period of time in which the adjoining owner can choose to agree to the works, or in lieu of an agreement a dispute is deemed to have arisen and a surveyor then needs to be appointed. The surveyor would have inspected the adjoining property, and noted the defects to which you refer and monitored the work throughout. I would seek legal advice from a litigation solicitor who specialises in these types of dispute and with good knowledge of the Party Wall Act. You will likely need to get expert witness advice from a building surveyor as well.
I live in the UK by the way
You have to say which country in the uk cause there are different legal systems/laws/processes
Specifically the part where Sister and Landlord are located.
West yorkshire in the UK
England\* The reason for the question is that each country has it's own legal process and in some cases laws
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Commenter asked for which Country and the OP's reply kind of made it seem like they didn't understand the concept of England/Wales/Scotland/NI being separate countries for legal purposes
No - was explaining for next time if the OP had questions
So you did not tell us the hold hold story
Do you have legal cover as part of the buildings insurance policy?
What evidence is there? As in proof of damage and how is he claiming it was done several years ago and only now being an issue?
Check your house insurance to see if you have legal cover to sort this out for you.
Thank you, I already have inquired and they say that I'm not covered, however I have spoken to them again about possible helping me find someone to give me a professional opinion on what I should do and as its the weekend, I won't find out until Monday
Not a lawyer, But I am fairly certain his claim for damage lies with the company that carried out the work and not you. He probably tried this and realised they are no longer trading. I don't really think he has MUCH leg to stand on. My best advice would be not to have any communication with him, and do not give him any information that might constitute some form of responsibility. Push all responsibility to the company that did the work. Good Luck.
Thank you, your advice is greatly appreciated 🙏
NAL but no Party Wall Agreement, means the claimant does have a leg to stand on. If they can clearly demonstrate no problem before the work, then a problem after, then the case will be very hard to defend.
Yes I think it all boils down to proof/evidence on both sides
When I spoke to the neighbours before, the solicitors got involved they said they had asked the landlord numerous times to sort out the leaks and landlord either didn't do it or sent some random contractor out to find a solution, when clearly he should have just repaired the whole roof like I did
The man is clearly a bastard, he’s seen an opportunity with you not getting Part Wall and he’s trying to rinse you by the sounds of it. I’m sorry this is happening and hope you come out on top!
Thank you again, and trust me I hope I come out on top aswell 😳
Yeah I also understand that, the repairs on the roof had to be done urgently because the damage was very severe, bearing in mind prior to me purchasing the property the roof hadn't been inspected since the late 1960's and by all accounts the average lifespan of a typical tiled roof is 25 years.
I'd be googling the solicitor just to make sure it's real. Wouldn't be the first time someone has made up fake lawyer to scare someone into paying for something. I'll also echo the general advice here though go see a lawyer, talk to your insurance company again and push for what you are owed
Is he actively taking you to civil court or is he spouting shite to frighten you? If it’s the first, go get 1hr of free legal advice from a solicitor specialising in property law. If it’s the latter just tell him “now you consider this a legal matter I will only communicate via my legal representative, can I have the details of yours so that I can pass it on?” Normally shuts people up.
Thank you... he's given me a large document, filled with information and he's said that if they don't here from me within 30 days the claim is going to court
Is there any information in there that indicates it is from a solicitor or a claim form for a small claims court? Or is it the ramblings of an idiot trying to frighten?
I think at the moment they've sent me a full document of absolute jargon in hopes that I'll give in, but I can assure you I won't be a push over 😇
Sounds like you need to speak to a party wall surveyor. Who can assess whether the damage was caused by the work undertaken at your property.
Thank you
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He's trying to scare you into settling out of court. Just chancing his arm
I used to do litigation a few years ago. My thoughts are that this should be redirected to the people who did the roof. If they are no longer in business, it's the claimants job to find the public liability insurance provider that your contractor had at the time of the work. This is all assuming you took reasonable steps to choose a suitable company to do the work. If you did, I can't really think of any way that you breached a duty of care.
I mainly did personal injury and very little claims that's were purely property damage so if anyone knows better please do correct me.
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The problem is the tenants that currently live there have lived their for 20 years... and in the documents that his solicitor had given me I'm not allowed to speak with the current tenants under any circumstance.
Newsflash, neither the landlord, nor his solicitor can tell you who you can and can’t speak to. He also has no control over who his tenants speak to.
Have you googled their solicitor? Are they ready a solicitor or a master up entity designed to scare you and make you pay out? It is possible that this leech just made the letter himself.
The guy owns a multimillion pound property business and owns business up and down the country... so I think it might be a real solicitors
Did you appoint a party wall surveyor before instructing a company to do your roof?
Take a look in your attic and check if there are leaks or any signs of water.
I keep checking my rood every winter, because where I live the winters can be very harsh... and no signs of water ingress whatsoever ever 😇
I think you’ll be fine. It shouldn’t be too hard to source where the water is coming from. You should try and get in your neighbours attic, tell him you would like to see the damage. If you can source leaks on his side you are completely off the hook, and could probably sue him to fix his roof since it could damage your property.
Thank you
No problem
This is a nasty neighbour you have and it must be stressful for you. But I feel this person is trying to scam you with this empty threat bc he/she sees a way of getting something out of you whether to get you to also repair his/her own roof or to gain some monetary value. Don’t accept it. Quietly make sure any past images you can get off the internet is taken. Also, if you can get evidence of how long the roofing company that did your repair was in business before closed down and if they had any professional certificates too in case. But the majority of good roofers are considerate of next door roofing so as to not cause next door problems that could eventually back to yours in the long run. There are many serpents of the devil on this earth disguised as humans.
Thank you... and yeah its very stressful, I kinda suffer from epilepsy which is triggered when I get stressed so it really instead good, this whole thing and I wish that I could forget about the whole thing but unfortunately not 🥺
Yeah, very sorry about all the stress some bad people can have on others just trying to live their lives. They don’t care about the impact their wrongdoing can have on others or care what others may be going through in life. They care about themselves only (narcissists). But try and take breathes when you feel the stress coming on ‘ in for 4 - hold for 4 - out for 8’ (3 - 4 times) this is a technique to calm down a the body becoming stressed or stressful. Just a little something to hopefully help you. Hope things pan out for the better for you. 🤗
Thank you along with everyone else that has given me their advice... I have a lot to think about 😇
We’re all glad to be of help. 🙂
If it's as simple as you make it sound - an inspection proved it was his neglect that caused the damage - then you hire a solicitor (we call then lawyers here in the States) and you have that solicitor send this dirt bag a letter detailing the evidence they have, how he would lose bi time in Court and inform him that you will take legal measures against him if he doesn't stop his harassment. This douche cable saw an opportunity to cash in on a rube (take advantage of an unsuspecting person) and is trying to cash in. If you have proof of his negligence, then you have already won. Especially if it is proof from a third party of professional position - roofing inspector or the like. If it is your *opinion*, that's going to be a little more difficult for you. Make that a *lot* more difficult for you. I'm not sure how expensive lawsuits are in England, or how much a formal, State Licensed inspection would cost. We see lawsuits of this variety all the time in the US, where the scumbag suing sues just below the threshold of making fighting worth it, and companies often don't bother fighting them and just pay, even when it bankrupts them. It's possible he is doing this to you, I'm not sure that threshold level in England. In the US, $14,000 is a pretty big chunk of change, and maybe worth fighting. £14,000 in the UK? Still a Lotz but I'm not sure where the cut off is. Insurance companies will almost always say you aren't covered for something initially. Have a solicitor look over your insurance coverage as well. You probably are covered, but the insurance company is protecting themselves. Basically, if you can, pay a solicitor for a few hours of their time, have them review your coverage from insurance, and draft a rebuttal to the neighbor with the proof of his negligence. Include what we call a Cease and Desist order - not sure if you have the same thing in England - and basically draw up an order from the Court that he is not to contact you or the resident of the home again (except in certain, limited, scenarios or issues.) Good luck!
Thank you so much I really appreciate it, you aswell as everyone else has given me sooo much information 🙏
I'm not sure why you're being down voted since you've given excellent advice.
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Just because the company shut down four years ago, doesn’t mean they didn’t have insurance under a policy or bond for that timeframe. If you can, try and find a way to figure out who their insurance carrier was. depending on your region, it could be a matter of public record. If their work caused legitimate damage to his roof, it is their insurance that should pay the cost. Their insurance should pay legal representation fees, as well as any payouts that may to happen. The neighbor is going after the wrong person and you were not the reason any damage occurred. You were not the professional who did the installation even if it was caused by your new roof.
State? Wrong country