BTL next door causing damage to my BTL

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purplekim

New Member
This is a strange one as it is with another BTL landlord.

I own a BTL property which has another BTL property next door. There is plastic roof which has been put up in the garden, the water from rain empties onto my side garden and has caused the wall to erode and become moss filled with mushrooms and weeds growing in the cracks. I painted and repaired this wall last year and spoke with the landlord next door about putting in proper drainage so it goes into his garden. This was in August and he has been making me promises he will do it etc. Now it's Feb 2020 my wall is again all green and slimy and the repair hasn't been done. I've called the council and they haven't done anything, landlords require a licence to operate in the area which I am fully complaint with.

Any suggestions on what to?
 
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diyhelp

Active Member
Looking at this from a purely factual point of view:-

- Your property is being damaged
- It is the neighbour's fault
- You have given him sufficient warning
- He acknowledged the issue
- He promised to address but hasnt

Legally I would guess you have a very strong case.
 
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Longterminvestor

Administrator
As mentioned above, you have given your neighbour more than enough notice about the problems and they have failed to take any action. While legal action is the last thing you want when looking to maintain an amicable relationship with your neighbour, they are really making a fool out of you. From what you say, it wouldn’t have required a huge repair to stop the water flowing from their roof onto your wall. I would be tempted to try and talk to them one last time otherwise you will need to take legal action.
 
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purplekim

New Member
Thank you for your advice.

I have spoken with him a number of times, he's even been into my garden to pick the spinach when it was empty. But he just wont fix it and keeps promising but not doing anything.
I sent him a polite message saying if he doesn't fix it I will have to take the matter further either council or legal route. Just sent me a message to say he will speak with the tenant (he expects him to fix the issue). I have spoken with the tenant who said he will fix it back in October.

Would you suggest legal route or council complaint? I think its only fair that he repair the damage to my wall also.
 
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FWL

Member
Maybe consider one final warning, "This is a 28 day notice after which I will be forced to take legal action as you are damaging my property."
 
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PostBrexitInvestor

Member
From the information you have provided it looks like you may have a very strong case. That said, there may well be legal costs going forward if you look at a private prosecution. Maybe you should approach the council for their advice? Have you tried the citizens advice bureau?
 
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Longterminvestor

Administrator
Have you had any luck talking to your neighbour? I would be interested to see where this one goes as I dont think you are alone with this predicament!
 
Nicholas Wallwork

Nicholas Wallwork

Editor-in-Chief
Staff member
Premium Member
This is a strange one as it is with another BTL landlord.

I own a BTL property which has another BTL property next door. There is plastic roof which has been put up in the garden, the water from rain empties onto my side garden and has caused the wall to erode and become moss filled with mushrooms and weeds growing in the cracks. I painted and repaired this wall last year and spoke with the landlord next door about putting in proper drainage so it goes into his garden. This was in August and he has been making me promises he will do it etc. Now it's Feb 2020 my wall is again all green and slimy and the repair hasn't been done. I've called the council and they haven't done anything, landlords require a licence to operate in the area which I am fully complaint with.

Any suggestions on what to?

Could be worth going to the citizens advice bureau firstly...

Then depending on what they say send a final warning letter to both the tenant and the landlord and make it a strongly worded legal letter.


After that I’d raise a small claim in the small claims court. This can be done online here:



You’ll need quotes for the damage from a builder (get those ASAP) and all the correspondence you’ve had with the neighbour as evidence of the warnings you’ve given him etc. Also take lots of photos of the damage and the offending roof etc

The claim should be cheap to raise yourself online, will avoid solicitors costs and may even cause him to act quicker out of court and settle.

Good luck!
Nicholas






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