To sue my neighbour?

[petiteHBB]

Hello,

Our neighbour carried out some building work which caused damages on our flat (the most urgent one is a leaking roof). We have a surveyor as well as a party wall award. The damages have been inspected by the surveyor and our nieghbour is responsible for them 100%. We have been chasing them for the repair for months without any progress. So we have a leaking roof for months as well. The surveyor has set a figure for the compensation for the all the repairs but the neighbour just don't reply and don't do anything. It has reached a point that we cannot take it anymore.

We are think of taking legal actions on them but not sure if it's worth it or AIBU. Is there anything else we can do to enforce it? Many thanks!

Have you not claimed through your insurance?

Claim on your insurance and they will chase them for payment

Why the chuff wouldn't you?!

can anyone wipe their butt without asking MN?!

Why would they?

They would end up paying more each month due to their neighbours mistake.

What?

thats literally an oxymoron.

@ADHDDDDDDDBOOM

thats literally an oxymoron.

That's literally how insurance works.

Not sure why this has become a row!

of course contact your insurance company!

if someone drove into your car would you try
and chase them for months for payment or go through insurance???

I don't understand why you haven't gone through your buildings insurance either - that's what you pay them for?

Yes I would do it through insurance.

The insurance companies have whole legal departments dedicated to recovering their costs in this way. They are like rottweilers and your neighbour will not be able to ignore them. The insurers will be quite happy to do this as you have clear evidence of the neighbour's liability.

If the insurance company recovers all their costs, which it seems likely they will, there will be no hike in your premium and they will be able to recover your excess payment from the neighbour for you.

I’m assuming you’ve not mentioned insurance either because you don’t want to claim through it - fair enough - or because you don’t have it (also fair enough). Might put an end to all the helpful “claim on your insurance!” posts if you clear that up though.

If you have the ability to fight it through court then I would, but you also need to declare the dispute with the neighbours if you come to sell (if your neighbours are still living there when you do sell).

Go through your insurance and if you're both leaseholders and there is damage to the structure isn't this something the freeholders insurance should be managing?

Another vote for go through your insurance. Much less stressful than going through the legal proceedings on your own. Should be insurance Co dealing with insurance Co. (If you both have it)

Theve had a chance to pay and they haven't. But personally would be taking the least stressful way to get my money.

They may not have the money so taking them to court will maybe not be effective and will take time and cost you, at least initially. Your property insurance policy may include free legal advice but would also be the quickest and easiest way to get the repairs done

If you are a leaseholder then it would be down to the freeholders buildings insurance wouldn't it ?

If you are renting then it's the landlord

Educate yourself - insurance companies reclaim payouts all the time.

Definitely insurance job.

It literally isn't.

Do you seriously think insurance companies are lovely philanthropists who would do something like paying OP's neighbour's debt out of the goodness of their hearts, without seeking to recover the money?

Do you have legal cover on your insurance?

It isn't needed. Assuming insurance covers this damage, they would pay OP, and would require OP to authorise them to sue to recover the loss.

Thank you for all the comments! very helpful information.

We haven't contacted our insurance because we thought that the building work is pre-agreed and the party wall award is legally binding, therefore it's different from a car accident. If all the party wall damages should simply go through the insurance companies, why would it be a Party Wall Act in the first place? But I guess our assumption is incorrect. @Bellyblueboy @MereDintofPandiculation @Silvers11

@Whatswhatwhichiswhich Yes declaring it when selling is another concern. but it's already a dispute, do we need to disclose it when selling anyway?

You haven't stated whether you own the flat outright or just the lease . Or possibly renting it

Forgot to mention, we own the property and there's no landlord/freeholder involved.

Small claims court is comparatively simple and cheap ( few hundred pounds). It takes a while but many pay up so they don't have to go to court.

Talk to your buildings insurance

It's true that it will be easy to get a judgement. Not so easy to enforce the judgement.