What was the outlet arrangement before they renewed the gutters?
Have you raised the issue with the council?
I’m sorry but I can’t quite understand your reply.
Is there a connection into your downspout before or did the council just take it upon themselves to do that?
If they just took it upon themselves to do that, what was the arrangement for all the other water before then?
Is the water now overflowing onto your property and causing damp? Please confirm did not do that before. Thank you
Thank you. It is unlikely to be the massive increase in gutter size which has caused the problem. The reason is that the amount of water flowing off the roof and into the gutters is unchanged.
In fact, having a larger gutters should ease the problem because they will not overflow as easily as smaller gutters.
Nonetheless, if this extra flow of water down your downspout is caused because they have changed something such as removed downspout and therefore, there is now nowhere to going down your downspout them before, then you have a claim against the council in negligence for doing the work negligently and also against the council in nuisance because this water, flowing from their properties, as a result of their changes to the gutters, is quite simply a nuisance.
It would be really useful if you could find out what changes had been made to the location of the outlets on the replaced gutters.
If you send a solicitors letter to the local authority they may take more notice or, if you don’t want to spend any money, check your house insurance to see if you have legal expenses cover that would pay for legal costs of any action.
If you have already written to the council without effect or acknowledgement, you can then make a further complaint about the councils reluctance to deal with this, to the Local Government Ombudsman which is a free service although it is not particularly quick.
Can I clarify anything for you?
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No, I did understand the problem. However the street view does help.
There is a downspout just below the red shop. Does that not take any water? Who has replaced the downspout at the very end of the run, by the bucket?
The fact remains that this was not happening before and it is happening now since the council changed the gutters on this row of houses.
The council are liable in negligence for the damp damage to your property.
The council are liable in common law nuisance because, apart from the damp damage which they are responsible for, it is also a nuisance having this damp and water pouring down the front of the property.
With regard to the white door house between the green shop and the red shop, that looks to be suffering from damp also. Is it?
If the local authority replaced the downspouts and the downspouts are not sufficient to carry the water from these gutters, and it causes damp in both your properties, then you have a claim against the council in common law negligence. That would be a claim for the cost of rectifying the damage to your property and an injunction to make them solve the problem. You also have a claim in common law nuisance because this seepage of water, even if it did not cause damage, is nuisance.
It is unlikely to claim for loss of rent would succeed because that is not a foreseeable consequence of fitting and inadequate downspout.
If the council have taken no notice of written representations (do not try to deal with this on the telephone) you are faced with either suing them in the County Court for an injunction and costs or if you want to use solicitors, the threat coming from a solicitor will carry more weight and the council are likely to do something about it once they get the solicitor’s letter.
You can also send copies of the correspondence that you’ve sent to the council and the copy of any reply you received to the Local Government Ombudsman which is a free service. The Local government Ombudsman has the power to make the local authority sort the problem.
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