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JGM, Solicitor
Category: Scots Law
Satisfied Customers: 12069
Experience:  30 years as a practising solicitor.
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Getting new roof spoke to council as my next door neighbor

Customer Question

Getting new roof spoke to council as my next door neighbor is a council tennant and my new rubberbond roof has shown up that the water coming into my property is from his house have asked every day this week for the council to send roofers to assess situation and still nothing has happened to stop the water coming into me my roofer has to sort the roof on my neighbors side but the water will then go straight into his house my roof is finishd except for this corner is there anything i can do
Submitted: 4 years ago.
Category: Scots Law
Expert:  Jamie-Law replied 4 years ago.

AlexWatts2013 :

Hello my name is XXXXX XXXXX I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply as this is not an ‘on demand’ live service, but rest assured I will be giving your question my immediate attention upon return.

AlexWatts2013 :

Sorry I have just seen you are in Scotland so I will opt out.

Expert:  JGM replied 4 years ago.
Thank you for your question.

The council, like any other neighbour has a legal duty to ensure that their property or the condition of it, does not cause damage to properties such as yours. That having been said the council are unlikely to drop everything and attend at a moment's notice. The first thing you have to do is have a letter written and delivered to the housing department clearly outlining what the problem is and what steps you have taken both to getting it fixed and also the number of times you have tried to contact the council.

Make it clear that you need someone to inspect and do something about it and that if they don't there will be further property damage for which you will hold them responsible. Hand deliver the letter and ask to speak to someone in the council that can actually make a decision. Your presence will hopefully help. In my experience councils are not good at actioning things on a phone call.

If you have no luck at all you will have to see your solicitor to write a letter before contemplating court action. Hopefully it won't come to that and that my suggestion above will work.

Happy to discuss further.

I hope this helps. Please leave a positive response so that I am credited for my time.