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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:
ReneeRol · 30/10/2020 23:54

I wouldn't. You don't know their situation, for all you know one or both may have lost their jobs, someone may be seriously ill and they have better things to do then deal with a pestering neighbour...

You don't know what goes on in other people's lives, don't make assumptions and don't pester them.

You have your "dream home", you got it at a good price, you're fixing it up. Focus on that and leave the money. It's not worth taking it to court, you'll lose more than you can gain.

Shaz1970 · 31/10/2020 00:04

To sue my understanding is not only have you to have it in writing that they agreed to pay but also by an agreed date. Otherwise it just shows a delay in payment. Personally if you intend to move in and be in for the next 20 years I wouldn't as any little thing they don't like they will complain and you will feel uncomfortable every time you see them. Not just them either as neighbours talk and you may find yourself shunned by the others too

FunkyFunkyBeat · 31/10/2020 01:55

Google letter of demand templates. Send them a letter (registered mail so you can prove it was delivered) which sets out the facts. Say, you need to pay the money by [date] (7 days later than the date of the letter). Should you fail to pay by X date, I will pursue legal action to collect the funds in full.' If they fail to pay, you make a claim in the Small Claims Tribunal (whatever equivalent is where you live).

Agree your neighbourly relations will be err.... frosty from now which will be tough to live with. But frankly I think they'll be bad whether you pursue the money / not, so you may as well seek to recover your money.

RachandO · 31/10/2020 03:58

You don't need a solicitor! You can take them to the small claims court yourself. Do it online. You have written proof so would go in your favour. Good luck!

YogiBearcub · 31/10/2020 06:38

I hope you're not moving next door to me! I would go to great lengths to stay on friendly terms with my neighbours. Adding them before moving in over 1.1k isn't how to do that. Once you're in and shown them you are super friendly maybe you can bring up the money again? They may have changed their mind about paying off the building work was noisy or inconvenient for them. You just don't know!

peboh · 31/10/2020 06:52

Don't shit where you eat.

Casiloco · 31/10/2020 08:08

It's a really bad idea to start off with new neighbours as enemies, however justified you might be in your position.

I suggest the following:
Dear neighbour,
I am really disappointed that, following your agreement to contribute to the work that was needed on our party wall, I have heard nothing further from you, in spite of my attempts to make contact.
I understand that people are facing all sorts of challenges right now and it may be a difficult time for you. I would like us to to establish a really good, neighbourly relationship and if there are any difficulties with payment of your share of the bill, then I am happy to discuss it.

However, it seems that you are unable or unwilling to engage with me - and I'm not sure why?

Anyway, whatever the next few weeks holds, we will be doing our best to be considerate and helpful and hope this can be reciprocated at some stage.

Kind regards, Red Bricks and Mortar.

DDDTRACY · 31/10/2020 08:20

Do it

SallyB392 · 31/10/2020 08:35

Why on earth are you buying a house when you are in dispute with your future neighbours before even moving in? Crazy!

Badgerbadger22 · 31/10/2020 08:36

We’ve just pulled out of buying a house with a neighbour dispute.

kelcys2175 · 31/10/2020 08:38

I'd say not worth it either. My back fence runs along 3 neighbour gardens. It blew down every winter but we continued to repair it. One winter after a storm it fell right down so I got quotes and knocked on doors asking if they would be willing to pay something small toward the new fence, we would pay the majority with it being our idea and our whole fence. Yes, Yes it was no problem until it came to paying. One neighbour came around with some momey but only months later because he needed a favour. I never heard from the rest and it was never mentioned. I honestly would just pay it, if you can afford to, and just let it go. It isnt work the stress and hassle

TheMobileSiteMadeMeSignup · 31/10/2020 08:48

I know this won't help you now, OP but maybe will for future folk.

My dad lives in a block of flats that need some roof work done. Everyone in the building is responsible for repairs/maintenance on the externals. He spoke to the company which will do the repairs and they are billing each flat individually. No way was my dad able to afford to pay for the entire thing then chase his neighbours for their share!

Where there is joint responsibility for a cost I would always make sure the parties are billed by the company doing the work. Different if its a small piece of work eg repairing a few bits of a shared fence and you go to b&q then show them the receipt. I wouldn't be forking out 2.5k then chasing someone else.

Lovethebubbles · 31/10/2020 09:25

@Casiloco

It's a really bad idea to start off with new neighbours as enemies, however justified you might be in your position.

I suggest the following:
Dear neighbour,
I am really disappointed that, following your agreement to contribute to the work that was needed on our party wall, I have heard nothing further from you, in spite of my attempts to make contact.
I understand that people are facing all sorts of challenges right now and it may be a difficult time for you. I would like us to to establish a really good, neighbourly relationship and if there are any difficulties with payment of your share of the bill, then I am happy to discuss it.

However, it seems that you are unable or unwilling to engage with me - and I'm not sure why?

Anyway, whatever the next few weeks holds, we will be doing our best to be considerate and helpful and hope this can be reciprocated at some stage.

Kind regards, Red Bricks and Mortar.

Definitely do this. It’s worded perfectly. Send it recorded delivery.
OVienna · 31/10/2020 09:52

Nah. Small claims. I've read all your posts OP.

SignOnTheWindow · 31/10/2020 09:53

@TenShortStories

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.

This seems like a good next step.
LadyEloise · 31/10/2020 10:13

Oh dear OP.
It wouldn't be a great start in your new home bringing your new neighbours to court.
I'd move in and see how things are. Get the "lie of the land " as it were.

wowfudge · 31/10/2020 10:27

Tbf the neighbours have shown their true colours before the OP has moved in. They were happy for necessary structural work to be carried out which they appear to benefit from, but now their reneging on their promise to pay their share. Deal with it face to face and take it from there.

I wonder if they are waiting for the OP to actually move in to be sure she's not a developer looking to flip it? Or maybe they're just liars.

ElsieMc · 31/10/2020 10:34

I had this with a dry stone wall and tree issue. New neighbours said they would pay half, but I got the feeling they were, lets say a bit dodgy. I never got anything and did not pursue it. I won't do anything for them again and at least I know who they are.

They also had an agreement to buy another neighbours house and gazundered them leading to ill feeling. They bought their own for a knock down last minute price cut. They have had rows with at least three neighbours in a small area.

Whilst you are morally right, court is not worth the stress and enormous expense. Those who mention neighbour disputes, well in every village there are fall outs. If I sell I will say there was an issue with a tree which I cut back to residents' satisfaction. Nearby village has solicitors letters flying round about what constitutes a caravan. Is it really worth it.

Singlenotsingle · 31/10/2020 16:49

It's a relatively small amount. If you sue, you may not win, and you'll upset the neighbours. If you ever want to sell, you will have to declare that you have had a dispute with them which might make any sale difficult. It just isn't worth the hassle.

MyWitzEnd · 31/10/2020 20:41

Take the hit

Sukiri123 · 31/10/2020 22:45

I think you will end up pay everything to the solicitor. There is no justification here, I would suggest to move on! Get it back later on in other things.

AdobeWanKenobi · 01/11/2020 10:03

@Sukiri123

I think you will end up pay everything to the solicitor. There is no justification here, I would suggest to move on! Get it back later on in other things.
Again. Small claims court. No solicitor needed. You can claim up to £10000. The fees rise but for OP would be £70 I think.
hil1910 · 01/11/2020 15:52

Is there a reason why the seller hasn’t paid to have the work on their property rectified. I don’t understand why you didn’t renegotiate a reduction in the property price with them to cover the costs.

AdobeWanKenobi · 01/11/2020 16:46

@hil1910

Is there a reason why the seller hasn’t paid to have the work on their property rectified. I don’t understand why you didn’t renegotiate a reduction in the property price with them to cover the costs.
Did you RTT? She's already answered this one.

it was a probate sale. I know for sure that there were several peopel who wanted it at asking price and I was lucky that the sellers decided not to enter into a budding war

BubblyBarbara · 01/11/2020 17:16

You will have to declare a neighbour dispute on the paperwork and you will never ever sell your house again

Wow, today I've learnt that you can't sell a house with any neighbourly disputes

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