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Neighbours builders damaged MILs wall

5 replies

missmoffatt2705 · 07/10/2013 18:06

My MILs neighbours wanted to build an extension and MIL objected on basis of loss of her light. However planning department allowed the extension which has now been completed. Neighbours have refused to speak with MIL, pretending not to see her when they meet on path etc - it seems that they can't forgive her for objecting, even if they did get their extension built - they were previously on good terms.
At beginning of building process in May, their builders accidentally knocked down a section of wall between MIL and neighbour's property.The builder has recently said to MIL that he is having difficulty finding replacement matching bricks and screen blocks - the wall is about 50 years old. He has given no timeframe or guarantees about when it will be fixed. We think he is fobbing her off because she is an elderly widow.

What's worse is that we have heard on the grapevine that the builder is in financial difficulty.The neighbours have simply placed their large wheely bins in front of the broken wall on their side and have not discussed the wall with her. They have been able to hide the damage whereas we cannot. How can we force the builder to fix the wall? Can we take him to the small claims court?I am guessing that the neighbours have paid for the extension and do not have grounds to withhold funds as the wall was not part of the original workschedule.

OP posts:
digerd · 07/10/2013 20:32

Do you mean the party wall of the houses or a wall outside in the garden?

If a builder accidently damages anything he does have a responsibility to make good his damage.
After 50 years, it is possible that he can't get the exact same bricks, but could well be a fob-off. Advise you to contact CAB.

Scarifying · 08/10/2013 10:04

You should deal with the next door nieghbours not the builder. I would take lots of photos and send a polite factual letter by registered delivery (with a photo of the wall) to your nieghbour asking when the work will be done. Keep a copy of this letter and any other previous communication. Don't make the letter chatty and don't refer to any thing else. Ask for a reply within a week.

I would write something like

Dear nieghbour,
I am writing about the damage to our wall caused by your contractor on the xxxx. (describe where and what and when) as I would like to know when you will be arranging to have it repaired. Please can you let me know before xxxx when the work will be carried out.
Yours MissMoffit

If you have a relative who could come across as more intimidating than your MIL then you could get them to send the letter. I don't mean physically intimidating although that's another idea Grin. I mean more officious or pompous IYSWIM. People are quick to dismiss little old lady types Sad

If this first letter has no effect then send another letter with a warning that you will have to take the matter to the small claims court if it is not dealt with quickly. This letter is called a 'letter before action' info here You will have to get some quotes first.

Info on small claims courts

It's really easy to use the small claims court. You can get further info from The Citizens Advice Bureau or from visiting the MONEY SAVING EXPERT small claims info pages

I am not at all an expert Blush but I really wouldn't be dealing with the builder at all and I wouldn't get into long winded discussions with the neighbour

Good luck.

Scarifying · 09/10/2013 18:39

OP, any update?

or was this a post 'n run jobby Sad

IHaveA · 11/10/2013 01:13

It's a post 'n run jobby Sad

JudgeJodie · 11/10/2013 23:24

Ring the house insurance. Won't they pay for the work and then pursue the neighbours/builders insurers?

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