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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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The landlord of the house next door to mine is repointing it,

Resolved Question:

The landlord of the house next door to mine is repointing it, and has a worker using an angle grinder to remove the mortar between the bricks, sending up clouds of brick and mortar dust up in the air. There is no attempt to either minimise the dust or take it away. The outside of my house is now totally filthy. Plus as I have asthma, it is affecting my health. I have sent him both text and voice messages asking him to stop and that he clean my house, but I've not had a response. I and the neighbours from the house on the other side have contacted environmental health, but they have failed to respond so far.
Please could advise on any legal redress. Thanks.
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Alex Watts : Hello my name is ***** ***** I will help you with this.
Alex Watts : For now please let me know how long it is proposed to go on for?
Customer: I would expect that it would be at least another 3 or 4 days
Alex Watts : Ok. What is it you want to achieve?
Alex Watts : I assume you accept he needs to do the work?
Customer: I'd like him to stop doing the work in the way that's creating so much mess and impacting my home & health. I had my own house reported last year and it was done using a chisel & hammer which created far less mess and almost no dust. I also want him to clean up my house.
Customer: I do accept that he needs to do the work, but I know it can be done in a far less hazardous way.
Alex Watts : How do you think he can do that without putting a big tent over the house?
Alex Watts : Do you have a solution?
Customer:

Rather than using an angle grinder to remove the mortar, it could be removed using a chisel and hammer. This was the method used by another builder who repointed my own house a few months ago and it created very little dust. Or tarpaulin could be erected on the scaffolding, to minimise the dust spreading.

Alex Watts : Have you contacted Environmental Health yet?
Customer: Yes I have and the neighbours on the other side of the house have contacted them twice. The matter has been 'logged' but nothing else has happened. I intend to contact them again tomorrow.
Alex Watts :

I would do that. That is a free option

Alex Watts :

Otherwise you can seek an injunction from the Court that he stops.

Alex Watts :

You would need to complete form N1

Alex Watts :

http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n001-eng.pdf

Alex Watts :

And form N16a

Alex Watts :

http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n016a-eng.pdf

Alex Watts :

You can ask the Court for an emergency order.

Alex Watts :

You would need to attend and say why an injunction is necessary.

Alex Watts :

If granted and the builder breaks it he will be in contempt of Court and could be warned, fined or sent to prison

Alex Watts :

Or you could ask him to make good any damage and dust etc

Alex Watts :

Can I clarify anything for you about this today please?

Customer: I think I will contact environmental health again. I will also request that the landlord does what I want, by putting it in writing. Then perhaps an injunction if it continues, though I guess it will be costly.
Alex Watts :

It can be. £1000 if not contested and £5000 so if contested.

Alex Watts :

If you win then you would usually get costs back

Customer: Ok, thank you. I will get in touch again if needed.
Alex Watts :

Great. Can I clarify anything else for you?

Customer: No that's all for now. Thanks.
Alex Watts :

Can I help with anything else today for you?

Customer: no thank you.
Alex Watts :

Ok, if I could ask you to rate my service before you go today - the button should be at the bottom of the screen

Alex Watts :

If you need more help please click reply

Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
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