What next step should I take with my neighbours?

[user1471867483]

My neighbours had exterior wall insulation in October (we were given 12 hours notice and no party wall agreement was put in place - long story). Anyway, now it's January and our scuffed and scratched front doorsteps are still not fixed by them nor is the water seepage that is coming onto our kitchen wall fixed either since they put in a conservatory. A surveyor from my council came round at the very time their works were being carried out and he confirmed the water seepage is coming from them. They have cancelled us three times to fix these issues ("he couldn't get the baby to sleep", "my baby isn't well", "my wife is stuck in traffic") and on the fourth occasion he didn't show up whatsoever. We had plans in place and had to rearrange them and we waited and waited for him.

I have written them a polite, but firm letter yesterday expressing our concerns again about our kitchen wall (as the water is coming near to electric wires beside our boiler) and our damaged front door steps, and asking for an update on any proposed solutions and a timeline for implementation. If they don't answer me, what then? I don't have any finances for legal assistance as I am in receipt of pension credit.
TIA. 😓🤔

Do you have legal cover through your contents insurance? A lot of people don't realise just how much it covers.

I'm not sure but thank you I'll look into it.

Because I am in receipt of pension credit I am entitled to have repairs carried out in my home if problems come under their remit (the council). I asked the council to come round to check the patches and whilst he said it's coming from next door, my grant to have works carried out by the council doesn't cover problems such as dampness coming through from next door, but he was a surveyor and said it was definitely coming from them. I don't know if he'd be willing to write a report up to confirm it's their (the neighbours) problem? He will probably say it's nothing to do with the council now.

Yes, she's 81.

Yes, that's how it works.

As the freeholder you can do stuff if they are breaching their lease and causing a legal nuisance to their other leaseholders (also you)

So it's off to a lawyer for you. I'd probably assume you paying to fix the issue asap is best then reclaiming the cost (to avoid further damage or being unsafe in a kitchen with water near electrics)

Yes. Sadly it's come to that.

None. He was assessing the damp but the damp doesn't come under my grant. My council pays for things like broken toilets, taps, leaking rooves, but not the damp from next door; that's why I wondered if I should contact him to ask if he can write a report saying such even if I have to pay.

Ah thanks - think I remember the previous thread.

Run run run OP! You deserve better, get away and get your own place, away from all these awful people.

But as you probably won't... Worth trying Citizens Advice. And you may be eligible for legal aid (check the questionnaire).

And yes of course you should contact the surveyor to ask for something in writing! At worst they'll say no. (Are you hesitant because this is something your mother will pick on?)

It's a lot more complicated than a neighbour problem if this is your leasholder. I realise you'll be reluctant to instruct solicitors, but every day it continues you're incurring more damage. You can only be compensated by them at the conclusion if they have the assets to cover it - you don't know what damage it's doing to your building but I wouldn't allow this to carry on. They are very clearly adopting the smile and wave and hope it all goes away mentality. I would seek legal advice asap. I wouldn't give them until Friday. If your insurance doesn't cover it, I would ring around and see if anyone does a free half hour. I'm not sure anyone would offer no win no fee with this kind of claim. Also I would go to a local firm rather than one of those big factory law firms. We had the experience of one taking a retainer for debt recovery then doing absolutely nothing. Good luck.

Brilliant. Thank you for your time and answer. Bless you xx

Bless you all for reading and helping me xx

I'd assume that they don't think they are responsible but aren't able to say this to you.

You need proper legal advice, as the freeholder you may well have the ability to 'resolve this to your satisfaction' in a way that you might not otherwise.

Also there may be some guarantees associated with the insulation you could claim against?

Thank you. I will keep you posted. I have emailed the surveyor from my council to see if he can write a report even if I have to pay. If not, then it's onto the insurance company.

You might look into having the problem fixed and claiming back the money through the small claims court. Or just threatening to do this might do the trick.

Yes, very true. I'll leave that as a last resort and will try the first two steps first then see. So nice of you to help me xx P.S. They still haven't answered my letter I put in their door Monday evening......smh.