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Original poster

Should I sue my neighbour?

230 replies

RedBricksandMortar · 29/10/2020 16:33

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?

OP posts:
Original poster
RedBricksandMortar · 29/10/2020 17:25

@Gazelda

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.

I got the works done after completion.
OP posts:
Original poster
RedBricksandMortar · 29/10/2020 17:26

@Longwhiskers14

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?
Yes I provided a quote in writing and they said they would pay half in writing in an email.
OP posts:
Northofsomewhere · 29/10/2020 17:26

I don't think you can be that certain about their financial stability. There could be other factors at play, they might've been ill (with covid or other serious illness) and be struggling with the return to work. They might have other debts or drains on their income that they have to prioritise above any house improvements. While they shouldn't have agreed to having the works done if they didn't already have the funds to pay their share it doesn't mean their finances haven't changed since agreeing to it.

You don't seem to care for the fact that you'll have to live next to these people for as long as you or they own the house. If both of you enter a neighbourly relationship with a court case hanging over you (before you've even actually moved in) then it's going to be super awkward every time you see them. Those family summers in the garden won't be as nice, you'll constantly be thinking about avoiding awkwardness and every time you or them are a little too loud or do something just a little iritating you're going to feel it more. Everything is heightened when there's already a bad relationship.

I do think the only way to improve this situation is not to go to court at all (although you seem set on it) and come to an arrangement. Start by making them an offer, the cost shared over 3/6 months for example. Highlight the importance of getting it done and that it needed doing at that it is a cost best shared as agreed.

blue25 · 29/10/2020 17:26

Living next to someone you’re in dispute with is horrible. It will affect your life. If you’re attached to them, they could make your life extremely miserable e.g. noise. I’d be very careful.

Happyheartlovelife · 29/10/2020 17:28

How did they word it that they'd pay?

Did they say

Yes. We will pay you the £1100 when would you like it??

Charleyhorses · 29/10/2020 17:28

Would you have gone ahead if they had not agreed to pay?

Longwhiskers14 · 29/10/2020 17:28

RedBricksandMortar Really bad form then if they saw the quote and agreed to pay half. Have you been round and knocked on their door? They can't avoid you then!

Happyheartlovelife · 29/10/2020 17:29

Would you of brought the house regardless?

Original poster
RedBricksandMortar · 29/10/2020 17:30

I do think the only way to improve this situation is not to go to court at all (although you seem set on it) and come to an arrangement. Start by making them an offer, the cost shared over 3/6 months for example. Highlight the importance of getting it done and that it needed doing at that it is a cost best shared as agreed.

I have done all that. I have said they can pay me in instalments and they have a letter from the surveyor explaining it was very usage to leave. I have been as nice and.gentle as possible.

OP posts:
friendlycat · 29/10/2020 17:30

I don’t understand why this wasn’t part of the negotiation with the vendor with your solicitor and why the vendor didn’t do the work as you don’t technically own the property yet.
How can you do work on a property that you don’t own yet? Or have you completed but just not moved in.

They may feel they are not paying money to a person who doesn’t actually own the property?

Original poster
RedBricksandMortar · 29/10/2020 17:31

@Charleyhorses

Would you have gone ahead if they had not agreed to pay?
Yes. That doesn't mean they should be let off the hook imo
OP posts:
Original poster
RedBricksandMortar · 29/10/2020 17:32

@friendlycat

I don’t understand why this wasn’t part of the negotiation with the vendor with your solicitor and why the vendor didn’t do the work as you don’t technically own the property yet. How can you do work on a property that you don’t own yet? Or have you completed but just not moved in.

They may feel they are not paying money to a person who doesn’t actually own the property?

I've already explained why I couldn't ask the vendors to pay. yes we've completed but I haven't moved in yet.
OP posts:
Oysterbabe · 29/10/2020 17:32

Send a formal letter before action and see what they do.

Original poster
RedBricksandMortar · 29/10/2020 17:34

@Northofsomewhere
I hear what you're saying about not really knowing what goes on in their lives and if they have other problems. However, number one I'm not psychic so unless they talk to me, there's nothing I can do but feel aggrieved and annoyed. Also they could have claimed on their buildings insurance.

OP posts:
TenShortStories · 29/10/2020 17:37

How about writing a letter and putting it through the door. Make it friendly, say the works have been completed now and their half totals £x, as discussed previously via email. Apologise for it seeming like you hadn't contacted them sooner (!) but that you had emailed and they unfortunately don't seem to be getting through... If they've been deliberately rude about it you have given them an out, and on the off chance they havent seen the emails then you haven't gone in all guns blazing.

If you do it, just make sure you date the letter and take a copy before you put it through their door.

Branleuse · 29/10/2020 17:37

sue your brand new neighbours for work they didnt request?

cant you just move in, live quietly and not piss everyone else off that was already there.

Flaunch · 29/10/2020 17:37

What was the work?

Genevieva · 29/10/2020 17:40

@Happyheartlovelife In which case she needs proper legal advice. As I said, there is a lot of detail missing. I am not a lawyer but I have a law degree and my memory of undergraduate contract law lead me not to pursue this one if I was in this situation. Things can be annoying and unfair without there being a high chance of successful legal recourse. You have to prove there was a contract and an e-mail exchange between neighbours is unlikely to meet that threshold.

Northofsomewhere · 29/10/2020 17:42

You're viewing it as them 'getting away with it', I don't think their lack of contact is personal or intended to hurt you in any way. I suspect their lack of contact is linked to finances. What @TenShortStories suggests sounds like the best course of action. A little bit of lying and buttering up and giving them a way out without loosing face.

It also very much sounds like the money doesn't matter and it's the principle of agreement and non-payment. I understand this but I don't think this is a battle worth fighting all the way to court as it will permanently destroy a potentially good relationship before its even started. The other neighbours appear to have a good relationship with them so they can't be that bad as neighbours.

EverydayDrudge · 29/10/2020 17:42

I know you're not psychic, but have you tried knocking on their door and talking to them face to face?

ImMoana · 29/10/2020 17:44

I wouldn’t start legal proceedings until they had actually refused to pay.
As they are ignoring you, I’d knock in the door until I got a response and then if they refuse tell them your intentions.

Bikingbear · 29/10/2020 17:44

Op I wouldn't want to fall out with or have frosty relationships with a neighbour.
You never know the day that you might need them to help you out. Not to mention they could make your life miserable if you don't get on.

Chat to them or remind them by email. Or think of it as your house cost you an extra £1100 or whatever

ImMoana · 29/10/2020 17:45

Knock on the door.
I wouldn’t knock the door in. Not at this stage anyway....

Original poster
RedBricksandMortar · 29/10/2020 17:45

@EverydayDrudge

I know you're not psychic, but have you tried knocking on their door and talking to them face to face?
Yes. No answer. To all of you who keep saying try to contact them again, I find being ignored like this pretty humiliating and I'm worried they may say I'm harassing them if I keep going.
OP posts:
Chloemol · 29/10/2020 17:47

I would try again to ask when you move in

If they still ignore them I would leave it, however if they ever complained about anything, noise, smells of cooking food etc I would refuse to do anything and carry on

I would give a hello if I saw them outside but that’s it. If they ever want a favour it’s a no

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