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?

Excellent way to start the off the twenty years you plan to live there. Has everyone gone mad these days?. YABU to have gone ahead if you didn't keep them fully consulted and informed. And even if you did. 20 years? Dont do it.

can you have your solicitor (the one you used to buy the property) send them a letter asking for their share of the repair money to be paid?

@Branleuse

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.

@Branleuse has summed it up nicely!

Op I wouldn't want to fall out with or have frosty relationships with a neighbour
True but our relationship is probably fucked already? I suppose it can always get worse and that's why I'm holding out.

Until they actually refuse to pay you don’t know they’re refusing. I think you have to keep contacting them. Just keep on calling.

@Chloemol

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

I might do that. The first time they need something, I'll ask them to settle the debt first.

Honestly you were going to pay for th work to get done anyway even if they didn't pay half.
It would have been nice if they had paid but hounding your new neighbour for money( even if they promised it to you) is very unwise. They will have relationships with all the other neighbours whom I'm sure they will spin their version of a story about you. Honestly not worth the Agro in my opinion.

I think this is the time then to get your solicitor to contact them and put it on a formal but business like footing. Hopefully a solicitor’s letter confirming their contribution and agreement to pay half the costs, accompanied by a formal invoice will resolve the issue.

I certainly hope so for your sake as it’s not a great start to your new home and would seriously annoy anybody in this situation if prior agreement had been given in writing.

Can you get a lawyer to send a letter to them asking for payment but not threatening to take them to court (yet). Letters from lawyers can work quite well at forcing people to engage. And that means you don't need to take the court route yet. You have 6 years to start a claim for the money so I'd try a bit more of the softer approach first too.

it's an official email where they give permission for the works and admit they're needed

OP just to be crystal clear did they actually say they would meet half the bill? Giving permission for works to a party wall is not the same as saying you'll pay half the cost. Admitting the work is needed is not the same as saying you'll pay half the cost.

Also I agree with you about your relationship already being ruined. People are responding to you as though it would be you doing the ruining by suing them but it's pretty clear that they're the ones starting the dispute by refusing to pay something they agreed to in writing. You've done them a massive favour by sorting out the works that needed doing already and they're taking the piss.

[quote Genevieva]@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.[/quote]
I agree

No way would I pursue this

I read some mad things on mn!!

I brought a house. I paid to have work done. Because it came up BEFORE I brought it. Now my neighbours won't pay. I'm going to sue them!!

Fucking nuts

@Daisydoesnt yes they say in the email that they'll pay half

@Alez isn't a solicitor letter just as confrontational as a small claims court claim?

I can't believe the amount of people telling the OP to let the CF neighbours off with a £1300 bill!!!
If anyone souered the relationship between you, then it was them by avoiding their responsibility and legally made contract!
I'd sue them as you clearly have nothing to lose. Just make sure your fence is sturdy - good fences make good neighbours. Good luck.

[quote RedBricksandMortar]@Daisydoesnt yes they say in the email that they'll pay half [/quote]
Did they know the exact cost before they agreed to pay?

I don't think it would necessarily be foolish to go the small claims route. It's exactly the sort of thing small claims is designed for. You have made all the right moves and they are obstinately refusing to meet their obligations right at the start of your relationship with them. Rolling over and letting this slide sets you up for 20+ years of them continually pushing obligations on to you and thinking they can get away with it.

This scares me

When did they agree to this? Because if it was pre COVID they could have lost their jobs or even lost a loved one.

@PotteringAlong

Yes, you would be crazy. You will have to declare a neighbour dispute on the paperwork and you will never ever sell your house again and you will have lost so much more money than £1.3k

Bit over dramatic - why would the OP never ever sell her house again? Something like that is a one off.

I'm seriously hoping you're not my new neighbour. Nobody's touched the wall though so I hope I'm ok.

You’re worried about setting the wrong tone, but they’re not bothered about upsetting you

You’ve given them enough chances, get the court papers done and get it sorted. They’re not listening, they won’t pay you unless you make them pay you.

Make them pay you

They agreed to it in August on the basis of a written quote. The works were carried out the week after. Since then, no payment and no reply.

You’re worried about setting the wrong tone, but they’re not bothered about upsetting you
That's how I feel about it

@longwayoff

I'm seriously hoping you're not my new neighbour. Nobody's touched the wall though so I hope I'm ok.

Why? I've done all that was agreed with them and paid for structural rapairs to their property on the understanding that I'd ge my money back. I've always been polite with them too.