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?

Let her take you to the small claims court. Seriously she won’t get what’s she’s claiming due to failure to mitigate. Genuinely, costs are minimal and she’ll receive less than she’s asking for from you. You don’t want a bad relationship but she’s waited and you could well have moved house in the time etc. I would put money on you hearing nothing further if she actually has to pull her finger out and issue a small claim.

Just make sure you acknowledge service and file a defence if they do issue...don’t want a ccj

The roofers who caused the damage will be liable. Either pay & then chase the money from your roofers it forward the bill on to them.

I understand why you’d pay if you’re confident the roofer caused the damage. But if the gutters were in such bad condition, there’s no guarantee there hasnt been further damage since this original leak. 2.5 years is a pretty long time.

As they say, it takes two to tango...
And to be honest.
It does rather sound as if your NDN have not been too correct concerning these repairs, and there is no proof that you will be paying only for the damages caused by your "repairs". It is up to your roofers to foot the bill, as it's caused by their error.
Send them the bill, and give their address to your NDN.
At least in doing that you make it clear who's responsible. No misunderstandings, no nasty feelings.

I dont think they have a leg to stand on 2 and a half years later. Any damage will have multiplied over the 2.5 years if they have done nothing. Originally yes i would have said pay but this time delay is excessive.

Absolutely it’s not their responsibility. The neighbours would have to prove it and also explain why they waited so long to address it thereby worsening the damage. No court would go with that. Tell them you’re sorry but the offer has now been withdrawn and they should claim on their Insurance.

They could claim on their insurance and then their insurance company would look to sue you so you'd be potentially stuck with (limited) legal costs too. You're entitled to question the amount but they have 6 years to pursue you so you've no grounds to dispute payment on the basis of timing.

The neighbours don't have to justify the delays in repairs unless the repairs have caused an increase in costs and then the burden will be on the OP to prove that. I'm speaking as an insurance solicitor who deals with property damage (on a much larger scale) everyday.

To be fair, the builders should pick up the bill and they should be insured. Strictly speaking they should have notified their insurers when it first happened.

@Bluntness100

We don’t have a statute of limitations in the UK.

Op, this was 2.5yrs ago, in that time you could have moved and then what? They’d be knocking on your new house door with an invoice for a grand+? Doubt it. Think they’re trying to be crafty. Would get some proper advice on this, CAB perhaps.

@AmazinglyGrace We have a limitation act which sets out the timescales in which you can bring a claim in contract / negligence etc. And I frequently look for defendants in their new addresses.

OP. I'd ignore most of the advice in this thread as it's incorrect.

@kirin
Yep I know we have a limitations act but it’s not a statute of limitations.

It's the same thing. An 'Act' is a statute. The Limitation Act 1980 is a statute which sets out time limits for causes of action.

I think your neighbours first have to prove that this damage was caused 2.5 years ago by anything to do with you.

It could be older, it could be newer.

I'd refer them to your roofers initially...

As a contract existed between you and your workmen, you have six years to make a claim against them. Under the circumstances you have described it is not unreasonable to claim against them. In your situation, I would write to the workmen enclosing the invoice and ask them how they wish to deal with your claim. In the same letter you should ask for details of their insurers. Do a letter, do not enter I to any discussion over the phone unless it's how they want to pay. In the meantime, write to your neighbours advising them of the following. 1. You have written to the workmen asking for details of their insurers and how they wish to deal with the matter. 2. You requested 3 quotes from them (the neighbours) but because they failed to do this you don't feel in a position to meet their claim at present, because it was reasonable for them to obtain the quotes as requested. 3. Advise them of how much the repair to your property cost for comparison. 4. Ask if they have considered claiming against their insurers. 5. When you have heard back from the workmen you will appraise them of the situation. 6. They should probably claim against the insurers for the workmen who carried out the work on your house and they only have 3 years from the date of knowing about the damage to their property to do so. I think you need to take these steps and then take a view when all the info is in.

And it is called the Statute of Limitation for your info grace

@Jonbb they don't have 3 years. A claim in negligence is 6 years. It's only injury claims arising from negligence that have 3 years.

And you can make a claim under your insurance policy at any time. I often deal with cases when an insurer isn't notified of damage for years after it was caused simply because the policyholder wasn't notified.

I think the builders insurance company (if there is one) would likely decline cover due to their failure to notify as they DID know years ago that they'd caused damage. It's not the 'victim' who needs to report things to the builders insurer.

The delay in getting the repair down and also the possibility that their guttering was also leaking or their decision to accept the solution of blocking the join rather than replacing the entire guttering could have lead to an increase in the damage. They were having loads of work done anyway... the extend of the work required to make good the damage may not have been the repairs undertaken to redecorate the room. Also, I think you need to see pictures from 2.5 years ago... not the recent pictures. Did you see the damage at the time? was it similar to yours? How much did yours cost to repair?

I would be tempted to offer a similar amount to the amount it cost you to have the damage you repaired in your own house.

@Jonbb

It’s called The Limitation Act 1980, I’m aware that a statute and an Act are one the same. But we do not call it the Statute of Limitations in the UK. It’s irrelevant really.

Some incorrect advice on here🤦‍♀️

I think they are trying to pull a fast one and I would not pay that much. If the work has not already been done ask for another quote.

On a much larger claim the advice would be different, greater degree of costs involved. Yes they have 6 years to bring their claim but they also have to prove it, evidentially. It would be very limited costs to defend the claim, and it’s highly unlikely that they would recover the full amount they are claiming. It’s called mitigation. Given the responses on here no judge is going to consider that it was a reasonable amount of time to wait. Can they prove all the damage was caused by your works. After all the gutter was in a poor state of repair prior to your repairs. Even if the insurance company do take it up the process is exactly the same, they still have to prove the loss with evidence.

If you want to try to remain on good terms then try referring them to your workmen directly but leave it clear they you have no intention of paying for it yourself.