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Michael Holly
Michael Holly, Solicitor
Category: Law
Satisfied Customers: 6534
Experience:  I have 20 years of experience as a solicitor in litigation and other areas
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Is it recognised that the creation of a council house next

Customer Question

Is it recognised that the creation of a council house next door to a home owner will devalue the home owners property, indeed all those in that road ( it is a small cull de sac in a pretty area of retired folk and working class home owners)? If so then can we claim compensation from the council. In fact is there any action the neighbouring homes can take against this ? (Citizen advise that as a private sale made through an estate agent there is nothing we can do)
Submitted: 4 days ago.
Category: Law
Expert:  Michael Holly replied 3 days ago.

It has always been accepted that this is the case although I think as the years have passed less so.

The difficulty you have is that you have no legal cause of action.

By this I mean that you do not have a contract with the council so they cannot be in breach of contract.

In the absence of a contract you will have to rely of a duty in tort or statute.

Certain duties in tort are well established road user to road user as an example but there is not one in relation to building council properties next to private ones it would be unfeasible and unpalatable to judges.

This leaves a statutory duty and again whilst compensation can be claimed for major development a house or houses would not qualify.

I apologise for being the bearer of bad news. If there are any further points please respond I will be happy to reply.

Kindly rate my answer before leaving the site so that I get credit for my time albeit that I could not provide a positive answer in this situation.

Best wishes

Michael

Michael Holly, Solicitor
Category: Law
Satisfied Customers: 6534
Experience: I have 20 years of experience as a solicitor in litigation and other areas
Michael Holly and other Law Specialists are ready to help you
Customer: replied 1 hour ago.
It seems shameful that the local council do not have a responsibility towards the marketable value of this prime area and its tax payers who have had a quarter of a million of their hard earned money spent to house a family (full price asked and given!) while the hard working neighbours struggle to maintain their houses to high standards and make ends meet. The council don't take any responsibility for the upkeep of the front or back garden either. Its no wonder council tennants don't see any insentive to work hard for their own place. And in Bournemouth there is more than enough developement opportunities in old neglected buildings and absolutely no excuse not to be able to find a place to rent especially when the thousands of summer students have gone home. I think the should be some law somewhere to curtail the ruining of our neighbour by encroaching council properties that are beginning to pop up everywhere without discetion or proper consideration for the neighbourhood. We won't give up if we can find any way of having some influence in these decisions as we feel is our right somehow. If there is anything you can find out that we CAN do please advise. We have already spoken to our local councillor who is in a neighbouring road and has without prior warning incurred the same situation. I there not at least limit to the number of council houses that can be bought in prime areas? There must be something we don't know that we can do!

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