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UK-Justice, Barrister
Category: Law
Satisfied Customers: 16193
Experience:  Called to the Bar in 2007
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hi my neighbour had water coming into his basement which i

Customer Question

hi my neighbour had water coming into his basement which i had no idea my neighbour called yorkshire water to find the source of the gutter gully had been damaged.the neighbour said if i repaired the gutter gully he would not sue me for damages.but the next i recived a letter from his solicitor that he is sueing me for water coming into his basement and has given me 14 days to reply. please i need some advice what to do
Submitted: 5 years ago.
Category: Law
Expert:  UK-Justice replied 5 years ago.
Thanks for your question, I will do whatever I can to help you. Please remember to rate my answer SMILEY FACE OR ABOVE.

Do you have buildings insurance?
Customer: replied 5 years ago.

sorry i have no buildings insurance

Expert:  UK-Justice replied 5 years ago.
I assume this is a house not a flat?

Do you hold it on a lease or freehold?
Customer: replied 5 years ago.

it is a mid-terrace house and is freehold

Expert:  UK-Justice replied 5 years ago.
Did you repair the water gully?

Did he give you this in writing that he would not sue?
Customer: replied 5 years ago.

after yorkshire water told me what the problem was i repaired the gutter gully within 2 days.he did not give me in writing but said it infront of my cousin who is living with me

Expert:  UK-Justice replied 5 years ago.
So you have a witness at least?
Customer: replied 5 years ago.

yes i have a witness

Expert:  UK-Justice replied 5 years ago.

You should write back and say that there was an additional contract that said if the repairs were done no further action was taken.

As such by taking action that would be a breach in itself.

If the matter does to go Court not only would the Claimant have to prove it was the water that caused the damage, he would also have to show there was no such conditional contract in terms of repair.

You would be able to call your cousin to give evidence.

Normally insurance would cover you for this, but you do not have it.

I am sorry if this is not necessarily the answer you are looking for but based on what you have said, this is the legal position.

Please remember to click *** OK SERVICE *** or above so that I am credited for my time. The question does not close and you can ask follow ups.

Important: If you feel the need to rate as one of the lower two scores, it counts as negative feedback so please reply to me via the REPLY with any further questions you may have. I will be happy to assist you further.
Expert:  UK-Justice replied 5 years ago.
I'm just following up with you to see how everything is going. Did my answer help?