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Ash
Ash, Solicitor
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Alex Watts, please can you reply to my follow up question on

Resolved Question:

Alex Watts, please can you reply to my follow up question on the thread: "A builder working on my neighbour's property...". Thanks.
Submitted: 3 years ago.
Category: Law
Expert:  Ash replied 3 years ago.

Alex Watts :

Hello my name is XXXXX XXXXX I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply as this is not an ‘on demand’ live service, but rest assured I will be giving your question my immediate attention upon return. There is no need to wait here, you will get an email when I reply.

Alex Watts :

I have checked and it appears all questions have been answered. If you would like to ask your follow up here please?

Customer: Hi Alex, the position has become more complicated. Last year I understood that the builder had offered a plastic replacement instead of cast iron and I communicated to my neighbour that I would agree this as a compromise. Then 10 days ago I spoke directly with a representative of the builder who seemed to want to do a repair only. I explained that this was not acceptable and that I understood that this was all agreed before Christmas. Three days ago I received a message on my phone from the builders to say that 'they had decided to do the repair and you shouldn't have any more problems'. In other words they had accessed my property and done exactly what I told them not too. I contacted the neighbour who has said she will look into it, but no response yet. Does your previous advice stand or does this change things?
Customer: I posted this on 24th January:
Customer: Hi Alex, the position has become more complicated. Last year I understood that the builder had offered a plastic replacement instead of cast iron and I communicated to my neighbour that I would agree this as a compromise. Then 10 days ago I spoke directly with a representative of the builder who seemed to want to do a repair only. I explained that this was not acceptable and that I understood that this was all agreed before Christmas. Three days ago I received a message on my phone from the builders to say that 'they had decided to do the repair and you shouldn't have any more problems'. In other words they had accessed my property and done exactly what I told them not too. I contacted the neighbour who has said she will look into it, but no response yet. Does your previous advice stand or does this change things?
Alex Watts :

If they repair and it is a proper repair then that is the end of the matter.

Alex Watts :

You can not claim for something you have not lose.

Alex Watts :

If it is a poor repair you can ask them to replace

Alex Watts :

But if its a good job that is the end of the matterC

Alex Watts :

Can I clarify anything for you?

Customer: But if they have offered a replacement and I have accepted that offer?
Alex Watts :

If they offered a replacement, you accepted then that is a contract.

Alex Watts :

You could sue for breach of contract

Alex Watts :

Does that clarify?

Customer: Would that be small claims route?
Alex Watts :

Yes

Alex Watts :

Does that help?

Customer: And in this scenario, is it the builder I sue for breach of contract or my neighbour as you previously advised?
Alex Watts :

Yes indeed.

Customer: What consideration have I made?
Customer: Actually, what does "yes indeed" mean? I asked "builder or neighbour?"
Alex Watts :

You sue the person who agreed to replace which I assume is the builder

Alex Watts :

Does that clarify?

Customer: Not really. How do I have a contract with a builder hired by my neighbour, who then damaged my property? Surely the builder must be offering to replace on the neighbour's behalf?
Alex Watts :

You don't - its under negligence

Alex Watts :

No contract needed

Alex Watts :

Or just sue both the neighbour and builder

Alex Watts :

Then you have no doubt it is the right Defendant

Alex Watts :

Does that help?

Customer: OK. Also you did not cover the point that I refused a repair and they then simply went ahead and did it.
Alex Watts :

Yes, this is why you sue.

Alex Watts :

You asked for a replacement and they repaired. You therefore sue for the whole replacement cost

Alex Watts :

Does that now answer all of your questions?

Customer: I understand, but in a sense my point was more about trespass, both in entering my property and then performing work on my property (the pipe) without my permission?
Alex Watts :

But you have not suffered any loss as a result of trespass?

Alex Watts :

You can't claim damages if you have suffered no loss

Customer: So, if I tell you not to enter my property, and you do so enter it, then I have no recourse?
Alex Watts :

If you did not suffer a loss and I assume they did not physically enter your home, then no.

Alex Watts :

You can sue for trespass, but what loss did you suffer? None whatsoever

Alex Watts :

The Judge may give you Judgment but zero damages

Alex Watts :

Does that clarify?

Customer: Frankly I have no particular wish to have random persons wandering around on my property, using ladders near to windows, etc. when I have explicitly told them not to. However if that is the legal position then sobeit. Thanks.
Alex Watts :

Yes, I am sorry that this is the position - but I can only tell you what the law states.

Alex Watts :

If this answers your question could I invite you leave feedback on my service which I hope has been excellent today, if you need more information or help then please click reply.


Please remember that I am always happy to help if you have future questions, even if I am in Court I can normally respond within a few hours. For future information, please start them with ‘For Alex W’.


 


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Customer: Sounds like a burglars charter to me!
Alex Watts :

Well not really - if they didnt break in.

Alex Watts :

Trespass is NOT a criminal offence

Customer: My point is they could gather information for a future burglary with a apparent impunity.
Alex Watts :

Possibly yes.

Alex Watts :

But I can only tell you what the law is.

Ash and other Law Specialists are ready to help you

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