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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:
Saxineno · 30/10/2020 17:31

No way would I! Not worth the years of stress with neighbours you don’t get on with. There’s still a chance now that it can all be forgotten if you move on now. If you sue them, you could have years of bad relationship.

AdobeWanKenobi · 30/10/2020 17:38

@Branleuse

I actuallly feel stressed on behalf of the neighbours now. Youre immediately assuming that theyre trying to rip you off rather than just not being able to afford it. They may have found it hard to say no to your persistant requests before.
Then maybe they should lessen their stress by actually speaking to OP about the predicament and trying to arrange some kind of monthly payment rather than burying their heads in the sand.
Loverofoldfilms · 30/10/2020 17:38

[quote SoloMummy]@RedBricksandMortar.
I can see that they have bad form. BUT you contracted the work to happen. Not them. You're liable for the bill and any offers they made are purely that, offers. They're not obligated to pay. There was no contract.

By all means sour the relationship even further. But don't expect that they won't also take issue with your conduct.

20 years living next to the most awkward neighbours from hell is a long 20.years, for a bill you had to budget for regardless.... Their contributions were a bonus....[/quote]
Why was there no contract if there was an email agreeing to pay it. If they said yes to paying it, then that is more than an offer? Can't you call citizen's legal advice bureau or similar?

lindyloo57 · 30/10/2020 17:40

I would sue them , why did they agree to pay half if they didn't intend to pay. You have the proof the email.

schnooky · 30/10/2020 17:41

If they simply offered to pay rather than were required to, I would not chase them, maybe getting to know them you might get some money out of them. Neighbour disputes are the worst, they can last for years and create so much ill feeling that you may wish to move because living there becomes too tense. I wouldn't do it at this stage. Legally, You have several years to sue them so I would wait.

DreamTheMoors · 30/10/2020 17:45

@Jux

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.
^^^

THIS

Yogalola · 30/10/2020 17:51

I think a gentle reminder, but don’t pursue it through the courts if you want a good neighbourly relationship. Also should you only stay in the house for a few years selling the house you would need to declare any disputes with neighbours

tommyhoundmum · 30/10/2020 17:53

Even if you go to the small claims court or send a solicitor's letter, they still might not pay but if it could go on their credit file, they would really be unhappy about that. I would look into that posibility.

Wingingit247 · 30/10/2020 17:54

Do not, under any circumstances, take them to court. You will spend more than you ever thought possible and probably won’t get anything back. Doesn’t matter how good a case you have, our legal system stinks! Someone gave me the same advice before I took someone to court, and I did it anyway as my case was “watertight” I’m now over £80,000 down with no way of getting it back over 3 years and a lot of heartache later.

Esspee · 30/10/2020 18:12

I wouldn’t let them away with it. The relationship is trashed already (their doing) I would find out how much a solicitor’s letter would cost and either go that route or the small claims court.
I have experience of using the small claims procedure. It was cheap, easy to fill in and......this is the best bit........it worked!

mateysmum · 30/10/2020 18:31

I can't believe what a hard time the OP is getting.
She has clearly explained that she has written agreement on the basis of a quote to pay half the costs of repair.
The neighbours are now ghosting her and she is £1300 out of pocket.I'd be pretty pissed off to. Lots of people above are making excuses for the neighbours, but unless they get in contact and explain, the OP can only assume they are being cheeky fuckers. All else is speculation.
OP I think I would now wait till you move in and then you will be able to observe their movements and ambush them on the drive! - with a polite "Oh you must not have seen my emails. Tomorrow will be fine for a bank transfer".

FelicisNox · 30/10/2020 18:58

YANBU to be annoyed BUT there are a few issues here:

  1. If you sue them you will have a lifetime of aggravation. What that will remains to be seen.

  2. Right now I have no idea why on earth you still want this house? I don't buy into the "dream house" concept.... there are ALWAYS other houses. Finish what you started. Do the house up, flog it on, look for a better house with nicer neighbours.

  3. There could be any number of reasons why this happened. It's highly unusual that they agreed to this and are now ignoring you. This suggests their financial landscape has changed and they're hiding because they don't know what to do and are panicking.

What you need to do is email them to say: you're clearly avoiding me and we can't resolve this until we have communication. If your financial circumstances have changed this is something we need to discuss because I'm more than reasonable. If you continue to ignore me I will have to assume you agreed to this work with no intention of paying and that will sadly lead to legal action.
Please contact me ASAP so we can resolve this as pleasantly as possible.

They may be frightened and TBH you are coming on very strong without knowing the facts and that puts you in the bad neighbour category.

Lots to think about.

FlynnD · 30/10/2020 18:58

Stick to your guns! Start with a chat once you’ve moved in your bound to catch one of them at some point, after that if you get no where contact your solicitor . Has more wants more ie-money! They agreed you have proof, sod the relationship most of us once the door is closed have no relationship with neighbours, everyone these days is accountable for their actions if they become bothersome report them although I doubt they will if they are ‘professionals’ . I have lived in the same property for 32yrs neighbours both sides in double figures also as much as we get on if I have an issue I’d speak to them if not resolved I’d take it further. I wish you luck.

Zyzxyz · 30/10/2020 19:14

Suing people for little stuff is a waste of time, (ie. Lost wages ,grief) You'd be better off biting the bullet on this one .Learn from your experience and move on.

Zyzxyz · 30/10/2020 19:16

You never know who your neighbors are. Cartel drug dealers, psycho spawn. Why risk your bliss and sanity?

Geek365 · 30/10/2020 19:21

I wouldn't go legal.cost more than the money you're claiming agree with others not great way to begin neighbour's relationships. Maybe someone lost their job , covid hardship?? Tread carefully.

Mummae21 · 30/10/2020 19:24

Completely get your frustration as they've agreed to it but I wouldn't bother going to court over this. Having neighbours who you don't get along with will be a nightmare in the long run.

They wouldn't be £1100 out of pocket if you hadn't have bought the house so they are probably not willing to pay after thinking about it.

I wouldn't want to pay for something a new neighbour had asked for.. it seems about pushy if I'm honest. Regardless of how necessary it was.

Twofingers · 30/10/2020 19:36

You’ll probably have legal cover under your house insurer. Check.

AdoptedBumpkin · 30/10/2020 19:38

If you're planning to move next door, definitely not. Chances are they will make your life hell.

pepsirolla · 30/10/2020 19:44

Maybe send a signed for letter through royal mail, keep it short and polite asking for reply by a reasonable date. That way you'll know for sure they have received it and can't blame email not received etc. If no reply then sol letter etc. Good luck

Ireolu · 30/10/2020 19:54

People are such arsehats.

We did our shared drive up. Neighbours agreed we would be able to park on our bit. Didn't ask them to pay a dime but done for more space to park. When the bricks were about to be laid they changed their minds saying they didn't want us to park on it. Legally shared drive means all have to agree what is done with it. To say we were annoyed is an understatement. We are now looking to move somewhere sooner than we would have previously. Somewhere DETACHED.

Take home is trust no one and keep to yourself. I wouldn't bother suing.

Zyzxyz · 30/10/2020 19:59

In today's world with little police protection for the minions. All you all are crazy for wanting to start something over a few quid. Unless you work for the MI5 or a government assassination squad, have at it. Sue to your heart's content. Just don't complain when things go a little South and you've taken on more than you can chew.

Malbecqueen · 30/10/2020 22:21

It won’t be costly- it’s a small claim. If you have it in writing, then yes you have evidence. But the case will take several months to come in - so a lot of stress/aggro and what happens when you get a judgment? You’ll have to enforce it. Maybe they don’t have the money? If you’re determined to do so then write to them again and threaten court but maybe make it clear that you’re willing to talk and accept payment by instalments or less? You’d be far better off getting half and keeping the peace

Africa2go · 30/10/2020 22:47

OP under the Party Wall Act, it is usually the party doing the work (you) that pays for it (and you to pay for both parties to use surveyors if necessary).

Strangeways19 · 30/10/2020 23:06

I'd go and knock on the door. Ask them directly for the money & make a habit of it. That'll get the cheque book out

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