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?

Perhaps they are busy.
Perhaps they are broke.
Perhaps they are having a hard time (mental health, bereavement, anything).

Assuming you can't avoid buying the place, wait until you move in then go and speak to them like normal people do and bring it up gently- ideally after the first time you meet.

Do this before the solicitors letter or the law suit or anything else. Since they offered to pay I'd want to do everything I could before suing a neighbour, let alone one which shares a wall.

I think it might be very awkward moving next door to neighbours who you intend to sue. In fact, it's probably going to be awkward now anyway.

@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.

If you make an enemy of a neighbour you may well find you have to sell sooner than you think.

Life can be unbearable when there are neighbour disputes. Would you have happily paid the whole lot if they hadn’t offered in the first place?

You haven't provided all the details, but a casual friendly offer to pay half is not the same as a contract. In everyday life friends and acquaintances make all sorts of promises that they break. "We must have you round" being a common one. It isn't the same as contract to invite someone over for supper. Unless you both agreed to undertake this work together, instructed the builder together and so forth I suspect you will fail in the small claims court. I may be wrong and it doesn't cost very much to have a go (monetarily) but it will definitely sour neighbourly relations even more than they have soured already.

Is it something you would of done even if they hadnt said theyd half the cost?

Personally I wouldnt. I'd just suck it up.

I think considering the current financial problems many families are facing should be taken into account in this situation. Even though they aren't currently replying to phone calls, emails or text you need to continue trying to make contact, pop a note through their door and escalate to a formal soclicitors letter.

Explain you're aware their circumstances may have changed but you want to come to an agree over it, either payment in full or via installments. Provide them with a copy of the evidence you have and will consider taking further legal action unless an agreement can be reached. It's possible they no longer have the funds to pay in full but could pay a smaller amount over several months. You need to consider neighbourly relations over money in this case, especially as its something you would probably (maybe not now but in time) have had done regardless of their offer to pay half.

You need to get legal advice if you intend to take this futher in order to understand the likelihood of a positive outcome for you but I'd make more attempts at reaching an out of court agreement. Afterall, if they can't afford to pay then they can't afford it and if you implemented a CCJ you'd possibly end up with a payment plan and a non-existant neighbourly relationship, potentially for the next 20 years.

No i really wouldnt for such a small amount its not worth souring the relationship. You might end up wanting to move before that 20 years is up if you sue them as it will create an atmosphere. They might have financial troubles and too proud to say. They can pay you back over that 20 years! Next time money upfront.

When they agreed to pay half, was it before or after they found out how much it was going to be?

Honestly negotiate you will get furthet with a friendly kind approach EVEN THOUGH you are in the right sometimes it's not about that.

I know for sure that they're not broke or affected financially by Covid. The neighbour on the other side knows then well and that's how I know for sure that they are both in financially stable professions. I'm not going to say what they do but think of a doctor and an accountant.
It wasn't a casual offer to pay, it's an official email where they give permission for the works and admit they're needed. What can I say, theh probably have changed their mind and think they can get away with it? It's the lack of a response and being completely ignored which is really pisising me off.

Eh?

But you'd have the work done regardless though right?

Or are you going to leave it? If you're having it done or were planning too anyway. Then no. Don't do it.

It sounds greedy

It came up in the survey. So you chose to buy it.

I think you're bonkers

Can you knock on the door and have a friendly chat? Would you accept payment in instalments?

You would be bonkers , that said I can’t understand why you have paid for work that came up in a survey surely you normally get the vendors to sort it out before you proceed .

I can't negotiate if they don't respond to my emails and calls. I've tried a gentle approach but I'm just being ignored.

@Genevieva

You haven't provided all the details, but a casual friendly offer to pay half is not the same as a contract. In everyday life friends and acquaintances make all sorts of promises that they break. "We must have you round" being a common one. It isn't the same as contract to invite someone over for supper. Unless you both agreed to undertake this work together, instructed the builder together and so forth I suspect you will fail in the small claims court. I may be wrong and it doesn't cost very much to have a go (monetarily) but it will definitely sour neighbourly relations even more than they have soured already.

A text can be legally binding. She has it in an email.

Even a conversation. If you can prove it. Can be a contract which could be legally binding

Have they given a reason for not paying?

The repairs were done because it was unsafe to leave it. The neighbours said they weren't aware of it before but agreed to have the works done and pay half.

Send them a solicitor's letter explaining the legal steps you will take if they fail to pay by a certain date. That usually works.

Not a good start to a new home which is a real shame. If one of them is a doctor perhaps they are dealing with covid. I would leave it, maybe mention it in the future if you develop a good relationship with them. Dont discuss it with the other neighbours, they are friends and you dont want to become piggies in the middle

@RedBricksandMortar

I know for sure that they're not broke or affected financially by Covid. The neighbour on the other side knows then well and that's how I know for sure that they are both in financially stable professions. I'm not going to say what they do but think of a doctor and an accountant. It wasn't a casual offer to pay, it's an official email where they give permission for the works and admit they're needed. What can I say, theh probably have changed their mind and think they can get away with it? It's the lack of a response and being completely ignored which is really pisising me off.

Giving permission and admitting they are needed are not offers to pay....

Also word of mouth can't be used. Just because you've 'heard' they are whatever they are. Means nothing. You'd need that in writing too

So unless they've told you. Or you have it in writing. Don't assume that's the case.

Did they say when they'd pay?
Did they know how much it was?
Did you provide multiple quotes?

You may not have a binding contract if all you have is "yes I agree it needs doing, we'll pay half."

Has the work been carried out? Do you now own the property, or awaiting completion?

If I was your neighbour, I'd be assuming that you won't get the work done until you officially own the property, then I would pay once I'm satisfied with the work done.

Did you tell them how much the work was going to cost before you went ahead with it, or did they just agree to pay half of an unspecified sum? Perhaps it's much more than they anticipated? Either way, it's incredibly rude of them not to reply. Have you tried knocking on their door and asking that way?

Did you provide them with a breakdown of the costs so they knew what they were agreeing to or was it a broad agreement without any time frames or sums? Did they see and agree an actual quote?

@Floralnomad

You would be bonkers , that said I can’t understand why you have paid for work that came up in a survey surely you normally get the vendors to sort it out before you proceed .

It was a very sought after location and the house had multiple offers. I was only able to buy it as chaim free and one of the first to view it. I had no leverage to negotiate with the seller, they would have just put it back on the market. That misses the point anyway. They have over £1,000 of structural repairs to their property for free. How is that fair? I've also suggested that they can pay me.in instalments or claim on their building insurance but it's all falling on dear ears.