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Original poster

Neighbour damaged boundary wall - council wants me to go 50/50

156 replies

TheNefariousOrange · 27/10/2022 11:15

The boundary wall between me and the neighbour is shared. My house is privately owned but the neighbour is in council. Neighbour had a cherry tree and decided to chop it down themselves, as a result, it tipped and damaged the wall. The wall is in a bad state and now and the council wants me to pay half of it. My argument is that the neighbour shouldn't have chopped down the tree, but where do I stand?

OP posts:
PinotPony · 31/10/2022 14:12

You need to speak to your buildings insurer.

Firstly because you're likely to be insured against any damage to your property (including the shared wall). Your insurer can pay towards the repair and then seek to recover their losses.

Secondly, you may well have legal expenses cover which would put you in touch with a solicitor who could deal with your dispute.

Not sure why you're going to law clinics and CAB if you have insurance. This is exactly the kind of scenario for which you take out insurance.

Original poster
TheNefariousOrange · 16/10/2023 19:08

The council have now started turning up at my door demanding payment, are they allowed to do this?

OP posts:
BernadetteRostankowskiWolowitz · 16/10/2023 19:16

Id just tell them to take you to court. Surely no judge would enforce you paying half when their tenant (and subsequent lack of a speedy solution) has caused the problem and costs?

BernadetteRostankowskiWolowitz · 16/10/2023 19:16

Also, lodge a formal complaint with their Housing Office.

Original poster
TheNefariousOrange · 16/10/2023 19:20

Would you lodge a formal complaint regarding the showing up at my door or not sorting it out quickly enough

OP posts:
BernadetteRostankowskiWolowitz · 16/10/2023 19:26

The whole lot.

"I wish to lodge a formal complaint.....
Neighbour did X. It caused Y damaged to shared property. Council failed to act to rectify repair. Council are harassing me to pay half of the costs of damage caused directly by the tenant. Lack of repair has subsequently meant that damage has worsened and costs have increased. I am not liable for the reckless damage caused by the council tenant. I've copied in my local MP"

If the complaint is not responded to suitably (eg "of course, apologies), go to the Housing Ombudsman.

BernadetteRostankowskiWolowitz · 16/10/2023 19:26

Obvs flesh it out a bit.

PrincessNoteSpelling · 16/10/2023 19:30

Good advice from @BernadetteRostankowskiWolowitz there. If it wasn't so ridiculous and appalling it'd be laughable "hi there, your neighbour illegally caused damage to your property (the tree) and joint property. You need to pay for this or else"
Absolutely the whole lot, harassment, failure of duty etc!

piefacedClique · 16/10/2023 19:36

Pop @BernadetteRostankowskiWolowitz response in to chat gpt and flesh it out with all the relevant details: will do you a lovely reply in no time at all x

prh47bridge · 16/10/2023 19:46

Razu45 · 27/10/2022 16:04

Apparently the Op has a letter from her solicitor confirming that the council has confirmed she will not be liable for any costs.

would you write that on the basis of anything other than that confirmation in writing from the council?

Show quote history

Even without the council saying that, OP is not liable. She did not cause the damage, so the basic principle applies - whoever wants the wall repaired pays for it. The council has the right to repair it as they own the neighbour's house. There is no legal basis on which they can force OP to pay towards the cost of repair.

PinotPony · 16/10/2023 19:46

It's been a year!

What did your insurer say, OP?

Original poster
TheNefariousOrange · 16/10/2023 20:10

I didn't call them in the end but only because my MP said he would take on the case. Then I never heard from him or the council again till now, so I assumed he'd dealt with it. Clearly not.

OP posts:
AgaMM · 16/10/2023 20:27

TheNefariousOrange · 16/10/2023 19:08

The council have now started turning up at my door demanding payment, are they allowed to do this?

Definitely not. And it’s verging on harassment.

Who from the council? Highly doubt it’s their legal department.

What do your deeds actually about the boundary wall?

Original poster
TheNefariousOrange · 16/10/2023 21:08

The deeds say it's a shared party wall.

The woman who keeps turning up is from the HA and is the manager for the council houses on our street

OP posts:
BernadetteRostankowskiWolowitz · 16/10/2023 21:10

Believe me, if you did something stupid on your land which caused the wall to need replacement, the council and the tenant would say they don't owe the half!

TizerorFizz · 16/10/2023 21:49

@TheNefariousOrange The MP really won’t be interested. The attached is the legal position. The tenant is asked to not damage the property. They alone can be asked to pay for damage. Get your solicitor to write to the HA telling them of their responsibilities as well as those of the tenant. Make it clear you will not be financially responsible for repairs wholly caused by their tenant.

Neighbour damaged boundary wall - council wants me to go 50/50
Neighbour damaged boundary wall - council wants me to go 50/50
PinotPony · 16/10/2023 21:54

I really don't understand why this is such hard work. Your insurer would have dealt with this for you over a year ago. You're making it way more complicated than it needs to be.

Insurance pays half the cost of fixing wall. Insurer recovers cost from neighbour who caused damage. It's really very simple.

PinotPony · 16/10/2023 21:58

TizerorFizz · 16/10/2023 21:49

@TheNefariousOrange The MP really won’t be interested. The attached is the legal position. The tenant is asked to not damage the property. They alone can be asked to pay for damage. Get your solicitor to write to the HA telling them of their responsibilities as well as those of the tenant. Make it clear you will not be financially responsible for repairs wholly caused by their tenant.

The damage wasn't caused by the neighbouring tenant to their HA property. She caused damage to a shared boundary wall. So the repairs to the wall are rightly shared between the HA and OP.

But the cost can and should be recovered.

ouiouiouioui · 16/10/2023 22:15

Councils don't own properties anymore. Will be a housing authority

Reugny · 16/10/2023 22:26

TheNefariousOrange · 16/10/2023 21:08

The deeds say it's a shared party wall.

The woman who keeps turning up is from the HA and is the manager for the council houses on our street

She's bullying you

If she does call when you are in, shut the door in her face and through the door tell her to put any correspondence in writing.

They don't have a legal leg to stand on.

(Sorry I've met other people who have been bullied by council/HA officers telling them crap. Oddly either women or men with disabilities.)

Reugny · 16/10/2023 22:27

ouiouiouioui · 16/10/2023 22:15

Councils don't own properties anymore. Will be a housing authority

They do.

I know a few London boroughs that still own all or some of their council properties.

TizerorFizz · 16/10/2023 23:23

Why should the HA go after the op though? I concede it’s partly owned by her but she didn’t cause damage. The law talks about damage to HA property by a tenant. No one else is actively involved. The wall is partly HA property but it’s not acceptable to come after an innocent party for costs. Her part ownership could, and should, be ignored. She has no contract with the HA, it’s between tenant and HA. She should complain to the HA. It’s pretty clear the HA can ask the tenant who damaged it for costs. Asking the innocent neighbour is going too far and should be resisted.

Dotcheck · 16/10/2023 23:28

tirednewmumm · 27/10/2022 11:37

It's likely you'll need to take action against neighbour directly it wasn't the council as landlord that damaged your wall.

At the risk of being awful is it likely a council tenant will have the money to reimburse you?

In the first instance I would write and push back to the council saying they should pay but if they refuse, legally they're not responsible and 50/50 will be cheaper than suing the neighbour 😞

Sometimes people in a council house ALSO have a job! Which earns them money.

Doubledodecahedron · 17/10/2023 00:28

I'd be worried too that if you pay half, and the tenant cottons on, she might do it again on purpose just to spite! So kick back as hard as you can. Don't set a precedent.

tirednewmumm · 17/10/2023 07:52

Well yes @Dotcheck obviously they might and then they would be worth suing if it came to that Grin

But I've supported lots of people (via cab) that absolutely did not have the means to pay as they lived on a very low income in which case op would need to consider if that was a worthwhile route 🤷🏻‍♀️