Should I sue my neighbour?

[RedBricksandMortar]

I'm due to move in a semi detached house next month. There was structural work needed on the party wall which was flagged up during the survey. I approached the neighbours and had their permission to carry out the repairs. They also signed the Party Wall Act. They offered to pay half of of the costs but haven't paid me a penny. I've chased them three times but they refuse to respond to calls and emails. I'm thinking of suing them in the small claim court for £1,130 which is what they promised to pay. I'm considering suing out of frustration and not wanting them to get away with it.

Would I be crazy to sue my neighbour before I've even moved in?

[cupofdecaf]

Can you prove they agreed to pay?

[Oysterbabe]

How did they offer to pay? In writing I hope.

[Smallsteps88]

Did they agree to pay half the costs in writing? Did you provide them with quotes and get their agreement on your chosen builder and cost before going ahead with the work?

[Helenluvsrob]

Don’t do it. A neighbour dispute will cost far more than £1.3k as you’ll have to declare it when you sell.
Horrible though

[Confusedamonium]

Do you have proof that they agreed to pay and did they benefit from the work? If they didn't benefit from the work then they may not be liable - because there's no consideration for the contract.

[OverTheRainbow88]

Echo @Helenluvsrob

Leave it!

[OoohTheStatsDontLie]

As others have said, do you have any evidence, or is it a he said/ she said. Would you have gone ahead with the work anyway or did it make a difference as to whether you went ahead or not? I did think youd be mad to sue your neighbours before you've moved in, I would have thought both of you would need to disclose when either of you sell which will make the process difficult on all sides in the future

[PotteringAlong]

Yes, you would be crazy. You will have to declare a neighbour dispute on the paperwork and you will never ever sell your house again and you will have lost so much more money than £1.3k

[YouKidsIsCrazy]

If you don't have anything in writing you have no hope, and do you really want to start a feud with your nearest neighbours before you've even moved in?

[HaudYerWheeshtBawbag]

Do you have proof? If not then even if y I took them to court it’s their word against yours and will cost you, which you will unlikely win if you’ve no proof and cost you further more.

[Alexandernevermind]

I wouldn't got as far as court, (too expensive and not worth the agro) but I would ask your solicitor to formally remind them that they agreed to pay and that monies are still outstanding.

[Alexandernevermind]

*wouldn't go

[Freddiefox]

I’d never buy a house with a neighbour dispute.so it’s not worth it.

[user1471538283]

I understand why you want to but I bet it would be costly and you would have to declare it. I would let it go, put in loads of soundproofing whilst you are at it and never speak to them again.

[ElfAndSafetyBored]

@PotteringAlong are you not being a wee bit dramatic? If I loved a house I would definitely buy it if the current inhabitant had had this argument with the neighbours years before. I’d see it for what it is.

But I agree with the others, only worth following up if you have it in writing. Karma may give you a chance to even things up eventually.

[NaturalStudy]

Ask your Party Wall Act surveyor to become involved.

[SynchroSwimmer]

Op, could you explain a bit about the nature of the works to help us understand?
....trying to imagine how your neighbours might benefit from the work?

[RedBricksandMortar]

Yes I have it in writing, in an email.
I don't plan to sell the house for the next 20 years so il not worried about having to declare it if I want to sell. In a way I think our relationship has already gone wrong so I imght as well get my money back.

[redskittleorangeskittle]

Would you have been liable to pay if your neighbours hadn’t made the offer? Perhaps they can’t afford to pay half.

[madcatladyforever]

I would absolutely boil with rage at such twattery but I'd only take it to small claims if you had it in writing say an email or whatever that they agreed to pay.
But I'm not sure it would be a great idea, as the others said trying to sell would be a nightmare and who knows what they might do for revenge - all night drumming sessions etc.

[RedBricksandMortar]

But I'm obviously scared of possible retaliation on their side such as false accusations in the future when I've moved in.

[madcatladyforever]

Yes I have it in writing, in an email.
I don't plan to sell the house for the next 20 years so il not worried about having to declare it if I want to sell. In a way I think our relationship has already gone wrong so I imght as well get my money back.

Well you could do it then, personally I would not fancy living next door to people with this kind of tension between you. It could turn into a nightmare. Try a solicitors letter first.

[AuntieDolly]

Have you paid out for repairs already? Have you exchanged?

[Smallsteps88]

Is it possible then agreed to it and then lost jobs or were affected by covid in some way?

[MissBaskinIfYoureNasty]

Yabu.