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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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If a neighbouring property is in such a state of disrepair

Resolved Question:

If a neighbouring property is in such a state of disrepair that a large and potentially lethal lump of lead blows off the roof onto my garden, can I expect the local council to take action to compel the homeowner to undertake repairs?
Submitted: 2 years ago.
Category: Law
Expert:  Alice H replied 2 years ago.
Is the neighbouring property a private household? Does the council own the house?
Customer: replied 2 years ago.

It is a private household although currently unoccupied

Expert:  Alice H replied 2 years ago.
OK. And are they the owners or is it council tenancy? I'm just trying to work out where the liability might lie.
Customer: replied 2 years ago.

They are the owners. There are no tenants. But it is my understanding that the council has an obligation to sort things out if a building poses a danger to others

Expert:  Ash replied 2 years ago.
Hello my name is ***** ***** I will help you.
Have you tried contacting the owner please?
Customer: replied 2 years ago.

Yes but he refuses to make any repairs

Expert:  Ash replied 2 years ago.
Ok. The Council can't make him do anything, that is for abandoned properties. What you can do is seek a Court order that he makes good the property.
You need to get a Solicitor to write and ask that he do the required work and if not you will go to Court. If he refuses then you can obtain a Court order by completing form N1:
http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n001-eng.pdf
And N16a
http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n016a-eng.pdf
The Court will list the matter and decide whether to make an order. If the Judge makes an order that he does the work and refuses then he will be in contempt of Court. This means he could be warned, fined or sent to prison.
Can I clarify anything for you about this today please?
Alex
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
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