Property damaged, who to persue?(8 Posts)
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Hello, I'd really appreciate some advice. There has been some damage to our property caused by neighbours builders, a windowsill is damaged and, without any consultation, our gate has been sawn away to make room for their cladding. Damage was admitted and apologised for by the owner at the time it occurred and offers to fix it were made but we are now not able to proceed with fixing it as the owner is ignoring all correspondence and quotes for the work and will not engage in conversation about it. How do I proceed? If I bring a small claim against the owner will he have to pay or am I supposed to persue the builder myself?
I would have thought it would be the owner but if you have legal cover on your insurance then try that.
You might be able to get your insurance to just repair it and sort it all out on your behalf.
Thank you for the reply, no legal cover I'm afraid. So insurance isn't an option
Maybe tell them to think themselves lucky it's not America, might not just be looking at a broken door
Get 3 quotes for cost of fixing issues. Do a letter before action stating that you will be applying to court and for the full amount plus your costs and interest if it isn't resolved in 14/21/28 days or whatever seems reasonable. If no response apply to small claims court for value of works required to put straight the damage. Make the claim against the neighbour, they can join in builder if they want to.
I would say claim from the owner because they employed the builder so I would see it their responsibility to make sure the job is done properly. The owner can then sue the builder if they want to.
Assuming the builder did the damage by carrying out the neighbours instructions you sue the neighbours. If they caused the damage by negligence you sue the builder.
Perhaps send a letter before action to them both.
Thank you so much for taking the time to reply. Things have moved a bit since I wrote. I delivered a letter to neighbours saying that as I had received no response I would seek legal advice, I photographed this at their letter box with hand delivered and the date and time documented on the envelope so they are in no doubt I am serious. This was very quickly responded to by a text saying that the damage would be fixed and that the builders have agreed to pay. Followed then by a visit in person assuring that payment would be arranged by themselves. I will allow 1 more week for this to actually happen before proceeding with a small claim against neighbours. Once again thank you for your time in responding.
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