Ask a Law Question, Get an Answer ASAP!
Our neighbour has an Harassment Warning for staring at my Wife. He asked through a solicitor for access to our property, we insisted that terms should be in place consistent with an Access Order, to protect us. They blanket ignored this request. We insisted that the builder would not work on or over our property, although the neighbours solicitor confirmed that they would not work on or over our property, the neighbours builder still came onto our property and in the process caused damage to render on our wall and a security light. With their refusal to have agreed terms in place and the neighbour insisting that he instructed the builder not to trespass, even though it was impossible for the work to be undertaken without trespass, how do we stand in terms of the damage that the builder caused? Can our neighbour be held accountable?
Hello my name is ***** ***** I will help you with this.
For now please let me know what the value of the damage is?
We have not had the damage valued - an estimate would be £200 for a patch repair to the render / £600 if the whole wall is done,
and £150 for call out and repair to security light, however I am an electrician so would be for my own time.
Please note, that the render is a couple of years old, so if done as a patch repair, this would be a different colour to the rest of the wall; our preference would therefore be to have the whole wall re-rendered
Ok, you need to get a number of quotes for getting the work done, this forms your loss. You need to pick the cheapest quote
You need to write and set out your losses and request a payment within 14 days or say you will go to Court within 14 days. You should make sure you send this signed delivery and keep a copy.
If they do not pay you then you can issue proceedings in the County Court. You can either do this online at: www.moneyclaim.gov.uk or by completing form N1 http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n001-eng.pdf and take it to your local County Court.
Your claim is against the neighbour. The neighbour can issue a claim against the builder
The Court will then issue a claim which a copy will be sent to the Defendant who will have a limited time to defend it, if not you can enter Judgment and enforce.
If the matter is defended it will be set down for a trial. If the claim is for £10,000 or less it will be a small claim and you will not need representation.
Can I clarify anything for you about this today please?
If the claim is against the neighbour, does that also make him culpable for the builders working on and over our property?
Yes because he would have instructed the builder.
You can of course issue against both to make sure
First Defendant being the neighbour and second defendant as builder.
There is no additional costs for this
the police say that the builder says the neighbour told them not to trespass, we have them on cctv doing so and the builder hiding and watching to see if they would get caught, demonstrating that they knew that they should not be on our property. We had made it clear to the neighbours solicitor that if they were on our property that we would find that harassing, does that sound like a get out for the neighbour?
Not really. Issue against both and let the Court decide who is at fault.
Thank you very much for your time, will be sure to rate you positively.
Thank you and have a great Christmas too
Can I clarify anything else for you?
As this is part of an ongoing harassment investigation, our only thing is that we had expressed how we would feel harassed if the builder was to do what they inevitably did, the Police are taking the neighbours "I told them not to trespass," even though it was impossible to undertake the work without trespass and the neighbour had confirmed through his solicitor that they would be doing the work without trespass, even though he knew that it would inevitably involve trespass What do you think about the Police posistion that the builders did not harass us by proxy, because he told them not to trespass??
Harassment is direct or indirect. This is indirect in my view
But harassment can be done through others even if they are not conscious that they are doing so?
Ah, so still harassment?
Really appreciate your time, that is all for now, is it possible to contact you directly through justanswer?
You can start any future questions: For Alex W - they will come to me
Quite confusingly there are 3 Alex's!
Once again much appreciated, that is all for now, have an excellent Christmas.