Meet the Other Phone. Only the apps you allow.

Meet the Other Phone.
Only the apps you allow.

Buy now

Please or to access all these features

Property/DIY

Join our Property forum for renovation, DIY, and house selling advice.

Please help! Neighbour threatening to sue me / take legal action

16 replies

CatLady1987 · 08/10/2020 21:07

Hi all,

I could really do with some advice or pointing in the right direction as my neighbour’s actions are causing me great anxiety (after what has been the most horrific year of my life already).

I live in a terraced house. My gutter was leaking for some time and the neighbour to my right (as you look at the house) said he’d fix the leak as it was potentially coming from his side. He never fixed it so I decided to get a roofer to try and fix it.

The roofer came to repair the gutter. He advised the roof tiles hadn’t been set out correctly. They do not hang over far enough into the gutter. So he removed the bottom tiles and installed some PVC eave guard so that when water runs off the roof tiles it is directed into the gutter.

Sadly that didn’t fix the issue and his suggestion was to replace the gutter entirely.

Cue a huge rainstorm... my neighbour to the left comes round to tell me whatever work I had done (which was nowhere near where his leak was) has caused his gutter to leak. I was apologetic and concerned. He said he had a guy who could look at it and he’d let me know the outcome. He said this always happened when work was done to the gutter on my house (before I lived here) yet never bothered to tell me that in the two years I’ve been here. He said it cost him £40 a time to fix. Clearly not very happy.

In the meantime I wrote a very nice note to both neighbours, explaining maybe we should have a meeting and see if we could work out a way forward as clearly the gutter was an issue. I even left my phone number. Didn’t hear a peep from either of them. I spoke to my roofer in the meantime and he said the work he did wouldn’t have caused his problem.

Eventually his ‘guy’ came to look and indeed diagnosed the issue as being my fault. They spent ages outside discussing and his ‘guy’ explained his resolution to me afterwards. His suggestion was to put a down pipe on my property to stop the water from my gutter reaching his. When I asked both roofers who have done / are due to do work on my house to fix various problems, they both said that could potentially damage the foundations as there’s no drain and the water would be spilling out onto a concrete drive. Not to mention this wouldn’t solve my problem, so it felt very unfair; especially given the fact I’d reached out and tried to reach a solution that would help us all.

I felt very pressured by said ‘guy’ and I said I’d speak to the neighbour. However, he’s quite a scary bloke (I know I probably need to toughen up) and I’ve been putting it off.

Anyway, I get a note through my door today that his gutter is still leaking because of the work my roofer did and he’s taking it to a solicitor. Cue massive anxiety! I responded with another note, explaining the steps I’d taken to remedy the situation and my concerns regarding fitting a down pipe.

To add insult to injury, I paid out to flash the inner side of his chimney as it was leaking into my attic. It’s still leaking and I’m pretty sure the chimney is the culprit. However, one side of the chimney is technically on my boundary so I sucked it up and paid out. The problem isn’t solved, yet not once have I asked him to contribute towards the work or threatened legal action against him.

I’m a single mother on a low income, I get by and have work done to the house when I can afford it by saving up - I recently had the living room decorated because I’d saved up. No doubt he noticed and thinks I’m rolling in it.

Any advice greatly appreciated. I can’t afford to pay out for legal action, it would cripple me.

OP posts:
Rollercoaster1920 · 08/10/2020 21:25

Do you have legal cover on your house insurance?

superram · 08/10/2020 21:28

He can only take you to the small claims court. They will charge you equally for any research that needs to be done (surveyor, etc.). I represented myself with my batshit neighbours. We settled out of court in the end but the court was fine.

CatLady1987 · 08/10/2020 21:34

@Rollercoaster1920 - I do but I don’t think it covers disputes where business / trades are involved and arguably the work was done by a roofer so that’s a tradesman?

@superram - is it expensive to go to a small claims court? I feel like I’ve done everything I can to be reasonable but he’s just out for himself 😭

OP posts:
DespairingHomeowner · 10/10/2020 00:00

Sorry to hear and he sounds like a total bully....

But he is also nuts: £40 to get any house repair isn’t a lot (I am in London though so everything costs a lot): a solicitors letter is much more, to achieve what??

He sounds like a blow hard.... have you got a burly brother/relative/friend who can deal with his trades next time?

CatLady1987 · 10/10/2020 08:34

@DespairingHomeowner - thank you. The stupid thing is my gutter isn’t even joined to his and there’s a gap between the two. I think in reality it all needs joining up but he won’t pay anything out. He’s definitely a bully.

Sadly no Male relatives or friends and my dad is away at the moment. I’m wondering whether to suggest paying for a new gutter to be fitted along the houses as if he tried to sue me, court costs and surveys etc would probably be more than the cost of paying for him to have a new gutter fitted. I think a solicitor writing a letter alone costs about £200 plus VAT and I had a quote for a new gutter in the region of that amount. Not ideal and doesn’t seem fair but I’ve got my LB to consider and my own mental health to protect. It’s just been an awful year as it is and this is just compounding it ☹️

OP posts:
DespairingHomeowner · 10/10/2020 09:58

Sorry to hear you’ve had a tough year

We’ve had exceptional rain lately causing problems: wait to act and DONT offer to pay. His house, his problem.

What might be fair is splitting the cost, but wait for things to cool down/see if there is a problem ongoing

He’s not going to sue you: this sort of complaint /dispute would have to be declared when selling and devalue his house. He’s a bully : ignore him

Marchitectmummy · 10/10/2020 10:10

So your gutter isn't attached to his gutter? Where is your rainwater draining to? Where is the downpipe. Its perfectly normal for terraced houses to be constructed with shared down pipes and adding one certainly won't solve the problem. Tbe number of rainwater pipes is calculated on the volume of the roof run off so that hasnt changed since your properties have been built.

When you say your gutter is leaking where is it leaking? Water running into your loft or is there a deep between joins?

CatLady1987 · 10/10/2020 10:10

@DespairingHomeowner - thank you so much. He’s taken action before against the previous owners (the dormer extension tiles slightly overshoot his roof) and he took legal action against them. Don’t think he got anywhere but he’s not bluffing about getting a solicitor involved.

My mum is going to go and speak to the other neighbour as my water is meant to run into his gutter and down his down pipe. I wrote both neighbours a note some time ago but it just feels like one doesn’t care and one just wants to blame me for his issues.

I did want to talk about splitting the cost, hence the notes to both neighbours but they never responded :(

His chimney is still leaking into my attic and I haven’t threatened to sue him! I paid for the work to be done on that. Just wish I had more guts to approach them in person but my confidence is shot.

Thank you so much for your advice, you’ve no idea how much I appreciate it 🙂

OP posts:
mumwon · 10/10/2020 13:25

some insurers have legal advice lines - they won't pay for the a solicitor but they may be able to tell you your rights
also check deeds regarding drainage

slipperywhensparticus · 10/10/2020 13:31

As far as I know if your sued it costs him not you

nightvision · 10/10/2020 13:58

Does the roof gutter downpipe between two terraced properties mark the "boundary" between the two properties - anyone knows?

Moondust001 · 10/10/2020 13:59

@slipperywhensparticus

As far as I know if your sued it costs him not you
Not if she loses!

OP, I am kind of confused by all the issues being thrown around here, but if I strip it down to basics, I think you said that your own builder said that it is your fault because you don't have a downpipe and you need one. Is that correct? If so then it's your fault. The fact that you don't want the amount of work done to create a downpipe and proper drainage is your choice.

The chimney is an entirely different matter, and if you have evidence that the problem is down to him then you treat that as a separate issue. Muddying the water with entirely different issues doesn't change the facts of the current issue.

CatLady1987 · 10/10/2020 15:04

@Marchitectmummy - my water drains to the right and my neighbour there has a drain pipe at the end. The neighbour to the left (the one with the issue) has a stop cap and a seal on the end (to stop my water coming over onto his) but apparently whenever my gutter is altered it affects his and it has to be lined up as my gutter is slightly higher so water spills over. He then tries to fix his and it’s just a vicious circle of the same problem. I asked if a new gutter along all the houses would solve the problem but he doesn’t seem to think it will. His water drains down a pipe (to his other neighbour’s house to a soak away.)

I’ve had a chat with him today and he seems upset that he’s upset me. We’re trying to come to an amicable solution but having a down pipe fitted doesn’t sound like the best solution. Sadly these houses are peppered with problems, including a dormer extension on my house which he said wasn’t done properly and overlaps onto his house. Any work we have done, I’m going to have to foot the bill 🙁

OP posts:
CatLady1987 · 10/10/2020 15:11

@Moondust001 - no, his roofer said the only solution he can see is a down pipe fitted to my gutter to take the water away so it can’t overspill onto his property. My roofer thinks a new guttering would be an option, but obviously he doesn’t know the history of the gutter issues between the two houses.

I don’t have an issue with rectifying anything, my concern is that my roofer has told me a down pipe would risk damaging the foundations as it doesn’t lead into a drain. It’s not that I don’t want any work done, I want the issue to benefit us all but if fitting a pipe means damaging the foundations, I can’t see that it’s the best idea.

OP posts:
kirinm · 10/10/2020 15:33

@slipperywhensparticus

As far as I know if your sued it costs him not you
Initially but if she loses, he is entitled to recover some costs - in the small claims it's a really small amount.

Has he alleged damage? We have had a leaking gutter and it's destroyed our wall which we've now had to rip back to bare brick to try and dry out.

Smileyoriley · 10/10/2020 19:50

He sounds like a bully. Our neighbour is a proper chancer with form going back years- an ex neighbour warned me. He tried to blame a couple of “problems” on us so in the end I told him to speak to our insurers as our insurance legal cover had advised. Haven’t spoken to him since which is fine with me.

New posts on this thread. Refresh page
Swipe left for the next trending thread