Neighbour blaming me for works I have never done!!

[aaronbra]

Hi all,

I received a letter from a solicitor on Friday stating that I had done extensive works in my home back in 2010 which has now affected my neighbours property.

The letter clearly states what work I have done including moving stairs and removing chimney breasts etc - All of which I have not done (but I am amazed that they new this info).

I purchased the property like this!

I checked with the council to find out if any work was done to my property prior to my purchase, and they found that the EXACT works stated were carried out in 1987.

I gave the info my neighbour as I thought this would clear up the issue but it hasnt.

What can I do and what are my legal rights?

Thanks in advance.

 

[loply]

I don't think you have to do anything?

They clearly don't have a case if what you've said is true. Just ignore him/her.

 

[aaronbra]

Thanks loply but thats what I thought but apparently due to the "Party wall act", if I dont reply within a certain amount of time it will be noted as a dispute and then this will be settled in court, which could be costly regardless if I win the case.

Its just amazes me that they have so brazenly told the solicitor this information without even checking my property of checking with the council to see if it is true. Crazy!

 

[tony1851]

Reading this, I cannot believe why you should be so worried.

You did not do the works - that is on record;

The Party Wall Act does not apply. It only applies while work is going on. Once the work is completed, the Act ceases to apply and cannot be applied retrospectively. A dispute under the Act cannot arise now, and whoever has suggested this to you is either bluffing or ignorant of the rules.

Finally, there is also the Limitation Act to consider. Legal action to start proceedings for alledged construction damage are subject to a 15-year time limit.

Just relax!!

 

[aaronbra]

I'm such at novice at owning a property and I honestly don't know a thing about te laws of the land. Thanks for your reassurances. I feel a lot more relaxed now.

 

[JohnD]

your neighbour will be charged by his solicitor for every letter sent or received.

If you wanted to, you could run up his bill by sending a letter "no I haven't"

then another one saying "what makes you think I did"

then another one saying "the house was like this when I bought it"

then another one saying "please refer to the council's records of building regulations applications relating to this house prior to my purchase"

Each time you get a letter, reply to it with just an acknowledgement, saying "thank you for your letter which will receive my attention in due course" then wait at least a fortnight before your reply.

Admit nothing. Agree nothing.

Read your household insurance policy to see if it includes cover for legal expenses. If so, notify them, and they will probably tell you not to enter into any correspondence.

 

[aaronbra]

@JohnD

Thanks - although a little evil I do like it.

I spoke with the council this morning and they said that they have notes that someone came to my house back in 2011 and left me a note stating that they came but no one was home.

For the life of me I can't remember any of this.

It should be fine I guess.

I'll notify my insurance.

 

[kbdiy]

Your neighbour is a tw*t. Have you done something to upset him/her that might have caused them to have a go at you?

Either way the advice above is sound. The solicitor can write as often as they like but doesn't mean you are obliged to do anything, though I do like the idea of keep replying just to rack up the bill!

 

[aaronbra]

@kbdiy

Actually I may have upset him.
I have a mould problem at the front end of the house. I called out a inspector so I could get it sorted. The inspector wrote out a full report for me and stated that there is an issue with next doors guttering. I had a word about the guttering with the neighbour but he seemed fine?!

Maybe it was that. Who knows I guess?

 

[kbdiy]

Could be, you never know how people will react when someone criticises their property, even if it is to the general good for all.

Sounds like he may be trying some tit-for-tat action. But a solicitor's letter, he must be barmy if he thinks that will do any good. He would have done better spending the money on fixing the guttering!

 

[SimonH2]

I would suggest just stating the basic facts to the neighbours solicitors - the work was done by a previous owner, back in <whenever>, etc. Point out that your neighbour has no grounds for claim. The solicitor should then go back to his client and tell him words to the effect of "don't be a muppet".

If the solicitor pursues you further then tell him you intend to report his harassment to the SRA (Solicitors Regulation Authority) - which should shut him up (if not, then report him).