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Semi-detached roofing

Land, Registered Land, Planning law etc.

Re: Semi-detached roofing

Postby diy » Sun May 28, 2017 5:34 am

Party wall act makes it the adjoining owners responsibility not the contractor. The contractor was under the instructions of the neighbour, who knows if he carried out work according to the instructions given.

http://www.legislation.gov.uk/ukpga/1996/40/section/7

A letter before action claiming for the damages, pointing out responsibility under the act and telling him you will appoint a party wall surveyor and claim additional costs which might cost another £2,000 if he doesn't pay and it goes to court. You might, in the interest of good relations and without prejudice offer to accept something slightly less than the cost to repair.

The fact that proper notices weren't given strengthens the claim for damages because it prevented you from input to the works or collecting pre and post work evidence. There are decided cases which mean court will give you the benefit of doubt in your claim, because the neighbour must not be better off from his failure to comply. It's for him to prove he didn't damage your roof not the normal burden on the claimant.
My suggestions are not legal advice
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Re: Semi-detached roofing

Postby Albert » Sun May 28, 2017 9:29 am

Thank you diy, and thank you atticus.

My thoughts had been to put myself in the position of my neighbour. In the circumstances, I would not feel happy if someone tried to make me responsible for the poor workmanship of the roofer. "Go see the roofer with your problems" might have been my stance too.

However, it is a party wall and the co-owners should have been notified.

The job has been done 'on the cheap'. For example, the capping stones of the party wall have been removed and replaced with inadequate plastic that allows water in. The capping stones had been there for over 100 years and had performed perfectly well.
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Re: Semi-detached roofing

Postby Labrador » Sun May 28, 2017 10:03 am

Alcock v wraith and swinhoe 1991
Court of appeal.
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Re: Semi-detached roofing

Postby Albert » Sun May 28, 2017 10:41 am

And Labrador...thank you too (you absolute star!).

The thrust of a legal discussion can change direction so much as it develops.

I found various links helpful, this was succinct but I will fully read up on Alcock.
http://www.planningandpartywall.com/YOU_PAY_FOR_THE_SINS_OF_YOUR_BUILDER

Incidentally, No.1 has now explained that he is not the owner. The owner is a limited Company (of which his family are directors/shareholders).
Last edited by Albert on Sun May 28, 2017 11:05 am, edited 1 time in total.
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Re: Semi-detached roofing

Postby diy » Sun May 28, 2017 11:01 am

Whoever is on the land register as the owner gets sued. i'm assuming the home has equity, so hiding behind a limited liability firm only protects the directors not the company assets.
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Re: Semi-detached roofing

Postby Albert » Sun May 28, 2017 11:27 am

Thanks again diy.

I will report back to the forum.
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