To not want to pay my neighbour this much....

[ss2011]

Hiya
Could really with some advice on this. Two and a half years ago we had a really bad leak in my daughters room, which turned out to be holes in our guttering. This was really old style Victorian guttering, set back into the roof and joined on to our neighbours’ guttering (we are a semi). None of the rooferswe asked would touch trying to repair such old guttering and all said it needed to be replaced. We asked the neighbours if they wanted to replace the whole lot...theirs as well...but they didn’t so we had to just do our half and break and block the join with theirs. unfortunately our roofers messed that up, left a hole and they got a leak. We got our roofers back straight away to fix it and said we would pay for the damage. This was 2 and a half years ago. We then heard nothing for ages.
In May 2017 I got a text from my neighbour saying they were now doing the repairs and would send us a quote. They said they were getting 3 quotes and would send them to us before deciding who to go with, so could look at and agree the prices. I chased this a few times but they never sent the quotes. In the meantime they were having lots of building work done, so I think this just slipped off their priority list.
But now , all this time afterwards, we suddenly have a bill from them and it’s massive..........over a grand. This is for patch up inside, replacing a picture rail (don’t understand that bit) and replastering he whole of the affected wall. They got their builders to do it but to itemise a separate bill and it’s just a bit crazy....it’s even charging for duct tape and plastic bags to clear rubbish away (£68 for that). We had to have our leak repaired and it did not cost anywhere near this. Because it’s so long after the event we can’t go back to the original roofer and claim any money now so it’s all on us.
Given that it’s been so long, and we had no chance to see any quotes and the costs look so high , do you think we should just pay the whole thing or whether IABU to just offer to half or two thirds? We do like our neighbours, and don’t want a fued with them....but don’t think they are being very fair and it’s so much money!
If you managed to get to the end of this post, what do you think?

I wouldn't pay. You already repaired it - sounds like 2 and a half years later, their old Victorian guttering is failing and they're trying their luck by trying to get you to foot the bill for improving it.

I wouldn't pay! Certainly not he whole
Amount. What she did was not what you agreed so that's her problem!

I'd call my Insurance company for advice I think - sounds very high and how much for duct tape!!!

Yes I would pay. You caused the damage and are responsible to put it right. Telling them to fuck off isn't ok. You told them you'd pay. I think any court would make you. There was no timeline as in uou need to do it in 18 months or fuck off and pay yourself. And even if there was they would still be well within the statute of limitations.

You could say you'll get your own quotes though. The picture rail is probably water damaged so needs replacing.

But yeah you need to pay. Saying well it's too late or too expensive isn't right. Neither morally or I'd assume legally if they took uou to small claims court.

I think they should claim on the house insurance.

Would the roofers not have insurance to cover this? I’m not sure of the legal timeframe, possibly 3 or 5 years?

Yes, they could claim on insurance? Contact yours, some have legal advice or which do a free trial. Cab or law centre?
Looks like internal damage could be cos they left it ages

I’d be tempted to forward their bill to the roofers and tell them to sort it out.

You damaged their guttering - or rather the roofing company did. Go back to the roofers and look for the money. If you can't get it from them try claiming under your insurance policy.

Forward their bill to your roofers. Give your neighbour the contact details of the roofers too, so they can chase it. It sounds like they've got their builder to give an inflated invoice to cover some of their own work, but difficult to prove. Worth getting some legal advice if your own insurance offers this.

I don't see why the neighbours should claim on their insurance, they did not cause the problem and it will bump up their premium.
The OP's insurance should cover damage caused by her to third parties; she should claim on hers.

I would actually contact the builder who carried out the original work as it sounds like he was negligent.

I agree that the neighbours aren’t responsible for paying though.

I’d be asking to have a look and sourcing my own builder to quote

sounds like the work has already been done.

Replacing a picture rail sounds reasonable, it could well have been water damaged and warped.

If taken to court they would have had a duty to minimise their lose so would need to show quotes and that they took a reasonable one, not necessarily the cheapest.

We had some work done recently and the cost of disposal of rubbish was listed separately, it's not unusual.

Claim off your own public liability insurance or the roofer's insurance. If you claim on your own they will likely go after the roofers anyway.

Either the roofers pay or you do.

Did you go round to their house at the time to see what the damage was from the leak?

It's difficult for us to know now whether £1000 is a lot for the damage caused, or not.

Did you tell your insurers at the time? that maybe the main mistake you've made here. You could ask another builder to give you an idea of how much he thinks the work should be.

Your roofer's insurance company should deal with this.

The thing is, if their guttering was perfect before your roofers did your repairs then they might have a stronger leg to stand on. But it sounds like their guttering was in as bad a state of repair as yours, so how can they be so certain the damage caused was by your repairs and not their shit guttering.

Also, you agreed with neighbour that you'd have sign off on quotes and that never happened. She can't go around spending your money as if you'd written a blank cheque. That's not how it works.

In the interest of avoiding all-out war, I might offer them half. They'll probably take it because they know they're trying it on.

Your contractors caused the damage and you said you would pay. However, the length of time is excessive.

But they will have had to wait for the water damage to dry out and would have had to have replastering work undertaken and redecoration etc. Removing rubbish also tends to cost. I had a quote for a replaster but over a large area of £1000 and my dh refused it because it was too much. They should have got on with it earlier. I would go round and ask to see the other quotes or get a quote yourself and negotiate. However, you have to bear in mind that they have been really inconvenienced by your works.

It's a matter for the roofers' insurance.

When my NDN had her extension built, the scaffolders dropped a clip and a pole through our garage roof. The builder put it right and deducted the cost from the scaffolders' bill when he paid it.

Nope. They are just trying their luck. If it had been an issue they would have done it straight away. Get some legal advice and send them a formal letter.

I wouldn’t just pay it without going through a process, no. Besides paying the bill legally isn’t your responsibility at all.

You have a bill. Not quotes. You informed them they needed to get quotes, which you agreed to be pass on to the roofers. Is that correct? They’re chancing their arm. I would pass the bill onto the roofers and let them deal with it.

Do you have any of the discussions with your neighbours in writing or anything in writing from the roofers agreeing to foot the bill?

IF the roofers won’t pay, the neighbours should be claiming on insurance. But again, an insurance company would expect to assess damage and get quotes.

They’ve been very stupid. Did you ever see the damage? Have you seen the end result? Odds on they’ve had the entire room skimmed and tbh if that’s the case, it doesn’t cost much more to make good the leak.

Their insurer should either pay or contact your roofers insurer. Nothing to do with you personally.

Did you tell your buildings insurance about the leak at the time? Did they?

You shouldn't pay - this is for them to claim on their house insurance.

OP, did you see the extent of damage to your neighbour’s property at the time and were photographs taken? If you cause damage to your neighbour’s property you are legally liable for reasonable costs of repairs.

Some of the advice you have been given in this thread is legally incorrect.