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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

Original poster

Neighbours illegal renovations went through the supporting wall....

69 replies

SW10Lond · 03/06/2017 15:18

Ok, so while I was at a friend's house a few months the entire supporting wall in her apartment cracked and the builders for the neighbour next door could be seen through the cracks on the other side... This, apart from almost a year of noise that forced my friend and her young baby to stay somewhere else when it became unliveable. The neighbour had no building permit for the work.

The builder was rude but forced his way into her apartment to do a quick cosmetic repair job and said that was sufficient, and the owner came to give her some flowers and cheap bottle of wine. They think that should do it. I got offended at the audacity of these people and felt they took advantage of her (she has difficulty confronting people). I insisted for her to get a surveyor and quotes for a proper repair job and it ended being quite a price tag for a proper repair and reinforcement.

I've now offered to help my friend and demanded the neighbour to pay her for the estimated repairs. The neighbour insist to have her rouge builder do the repairs and refuses to even mention any money. instead, they sidestep my friend and communicate with the building management (whom they have convinced the damages were small and my friend is "difficult" which is not true). I told the neighbour it's not her decision but my friend has the right to chose her own (regular) builders for her property. I'm sure they will refuse to pay. I'm willing to engage a debt collector and involve the council to report the illegal renovations they did on their apartment if she does not pay my friend.

Do I have the right to engage a debt collector if they refuse to pay, without a court order?

Am I being unreasonable?

OP posts:
mmchocolate · 03/06/2017 16:28

Perhaps the OP friend is happy for the help if they don't like confrontation. The op's friend may have just put up with the cosmetic repair then faced a huge bill or drop in the asking price if she wanted to sell the flat in the future as the damage would show on the survey, but by which time it may be too late to address with the neighbour that caused the damage.

BitterAndOnlySlightlyTwisted · 03/06/2017 16:28

"If it is an apartment and they have gone through a supporting wall, your friend has a big issue tbh"

Yep, and if it's a fireplace/chimney they've been taking down next door the whole bloody roof could come down on top of them.

This is an issue for the freeholder's insurer to deal with. Your friend should not have allowed next door's dodgy builder to patch it up, and engaging her own surveyor was wasted money. OP did you suggest that she did this? A grand or more totally wasted imo.

SW10Lond · 03/06/2017 16:29

This reply has been deleted

Message deleted by MNHQ. Here's a link to our Talk Guidelines.

Original poster
SW10Lond · 03/06/2017 16:34

@BitterAndOnlySlightlyTwisted

Unfortunately, the neighbours builder basically forced himself on her property and demanded to 'repair' some of the damages which he basically did the same day. He must have known what he was doing... I think her mistake was to give him permission to do so, but she didn't know what she was suppose to do.
I was not involved at that stage. I'm trying to help her to move to the next step and (hopefully and finally) get the damages reimbursed.

OP posts:
Original poster
SW10Lond · 03/06/2017 16:34

@mmchocolate Thank you! That's exactly it.

OP posts:
BitterAndOnlySlightlyTwisted · 03/06/2017 16:37

"Go on and collect your benefits"

Damn, I'm sorry I offered any advice or suggestions now. Jeez

Chloe84 · 03/06/2017 16:39
Shock

Quickest deletion I've ever seen

AwaywiththePixies27 · 03/06/2017 16:39

I'd go down the 'legal' channels by involving the council first OP.

Be prepared for them not to give a shit though, I got told our darling neighbour can do what he likes because he owns his own house.

They got uppity when I asked if they could put that in writing for me, you cant just do what you like because you own your own house if what you are doing affects others.

Notsandwiches · 03/06/2017 16:40

If this is a flat then your friend has a leasehold interest. The lease will say who owns what. Any alterations will require permission from the freeholder. If alterations are to a load bearing wall then the permission of building control will also be necessary. I would:

  1. Notify my building insurance provider
  2. Notify freeholder
  3. Get building control involved.
If you don't then your friend may have problems when she comes to sell.
Original poster
SW10Lond · 03/06/2017 16:42

@BitterAndOnlySlightlyTwisted

They live wall to wall. The neighbour's flat is in the building next door. Both own their flats. The two buildings have separate management companies.

OP posts:
Original poster
SW10Lond · 03/06/2017 16:43

@Chloe84 I never deleted anything...

OP posts:
Original poster
SW10Lond · 03/06/2017 16:44

@BitterAndOnlySlightlyTwisted

It was not intended for you at all. I apprecite your feedback. :)

OP posts:
ADishBestEatenCold · 03/06/2017 16:49

Council first. Similar happened in a student flat I was in years ago. Neighbours cracked supporting wall. Council slapped a special order on the building (really can't remember which number, but for example a 'Section 17') and the whole building by law had to be emptied.

Everyone quite literally had to move out.

We were temporarily re-housed (cost to neighbour and their builder) and the whole thing was handled by a department of the local authority.

Sorry I can't remember any more detail, but you get the idea. This is not something to handle yourself (though great that you will support your friend through this).

BitterAndOnlySlightlyTwisted · 03/06/2017 16:52

@BitterAndOnlySlightlyTwisted
It was not intended for you at all. I appreciate your feedback. smile

I know it wasn't as I don't claim any benefits! You were unbelievably rude to another poster and that's why I'm sorry I responded with what I thought was helpful advice because you patently don't deserve it now.

Chloe84 · 03/06/2017 16:53

MNHQ deleted it. That was a nasty comment, OP. Comparing people on benefits to trolls is not on.

Original poster
SW10Lond · 03/06/2017 16:56

@BitterAndOnlySlightlyTwisted
Did you read the start of her comments? She couldn't have been more rude and nasty and had no reason to start her comments in that manner. But if you want to defend it and don't think I have a right to respond - it's your choice.

OP posts:
Original poster
SW10Lond · 03/06/2017 16:58

@Chloe84 I wasn't comparing anything. She is a troll. I simply asked for advice and she was plain nasty from first comment onwards. I don't have to take it!

OP posts:
Original poster
SW10Lond · 03/06/2017 17:00

@ADishBestEatenCold Wow... Sounds like my friend could have more problems than she anticipated. Even potential problems selling her property... that's pretty serious for someone who has paid a lot of money for her flat.
Thanks for sharing.

OP posts:
HaudYerWheeshtBawbag · 03/06/2017 17:01

I can see the same old usual MN bitches are out in force again Hmm rather have a pop at someone, than give constructive advice Hmm

OP can I ask what have you or your friend not involved the building insurance, also why hasn't it been reported this to the council? YOU must do this if you are going to be third party to your friend.

Your friends mortgage could be invalid, due to this work.

Inanswer to your OP, no you cannot get the neighbour to pay the costs without a court order.

Original poster
SW10Lond · 03/06/2017 17:07

@HaudYerWheeshtBawbag I appreciate the feedback. It's clear that this issue goes far beyond just repair work. It's probably best to contact the council asaps.
My friend was under the impression that her building management would handle the issue with the neighbours management. But they just brushed off responsibility. There must have been some legal clauses that they wanted to avoid. It's been handled the wrong way. I hope she get it sorted. :(

(Lol... There sure seem to be quite a few bitter w*tches on here. I am new on MN and just wanted some advise, but I noticed pretty fast that bullies are highly admired on MN!)

OP posts:
PersianCatLady · 03/06/2017 17:16

She contacted her building management, who advised she should have it repaired and would then be reimbursed
I would ask the freeholder for details of the building insurance and then contact them regarding the damage.

Even if it is not their responsibility, they will most likely tell you who is responsible for the cost.

OP - Has your friend contacted her home insurance to ask for their legal advice on the issue??

A lot of home insurance policies have some kind of legal advice cover for things like this.

PersianCatLady · 03/06/2017 17:17

This reply has been deleted

Message deleted by MNHQ. Here's a link to our Talk Guidelines.

SofiaAmes · 03/06/2017 17:21

"Building Management" (not quite sure who is being referred to here...is this an outisde management company hired by the freeholder or collectively by the freeholders?) don't have any significant incentive to get it sorted in a timely fashion or really at all. Your friend is the only one who is seriously and immediately at risk. I would follow notsandwiches' advice:
1. Notify my building insurance provider
2. Notify freeholder
3. Get building control involved.
Also you might want to check if your friend has her own flat owner's insurance that is different than the building's insurance provider.

Your friend should also make a time line/log of when work started and when things happened and who she contacted when. This will be helpful to have in writing for all parties involved.

HaudYerWheeshtBawbag · 03/06/2017 17:22

When you say building management do you mean the leasehold company? she should have separate building insurance to the leasehold fee.

The management company will keep the property wind and water tight, and communal areas clean and tidy and decorated, however she would still need BI for structural insurance.

In fact I believe she needs this as if not her mortgage will be void.

Just ignore them, pathetic bitches are not worth the air you exhale!

PersianCatLady · 03/06/2017 17:23

OP - THINGS TO DO ON MONDAY

  1. Contact Council
  1. Contact freeholder / management company of friend's building to get insurance company details.
  1. Contact freeholder / management company neighbour's building to get insurance company details.
  1. Contact friend's insurance company to advise and get advice.
  1. As soon as insurance company details are received contact them.
  1. Do not accept any excuses or nonsense from either freeholder.