Problem with neighbours car

[Beachball]

At our last place we decided to sell our 4 bedroom detached home in a Cul de sac at this time some-one rented the house opposite .The man considered himself handy with cars , started stripping them down and putting them on stilts selling a home when this going on detrimental and lengthened the time it took to sale - after they moved and took everything with them including 18 cats...... Our home Sold in three months now in our bungalow (I feel sorry for anyone who has problems with neighbours)

 

[Robert_374373903]

Could you ask your company to fit a towbar to your van................

Talking about towbar reminds me of pulling up at traffic lights and car behind started to nudge me forcefully. Got out found occupants all young lads. Driver got out to see what he had done , result me zero, him grill forced into rad. He did say my old man is going to kill me.

 

[GeorgeandAde]

Nice one Robert.

My company doesn't have any need to fit a towbar to the van.
If I mentioned the situation to them,they may stop me from using it for work and back.

I think our best way forward is to firstly"de-clutter".
With the pandemic since last year,we have lots of goods for a car boot sale(we love doing them).
Redecorate(not much left to do to be honest) to make it more appealing to a buyer if we do decide to move.
Maybe next year when things may return to some sort of normality we may sit down and make a decision.

 

[GeorgeandAde]

Sorry to keep "waffling on" about our neighbours but have just realised another potential problem we may have soon.

We have a flat roof on our house and have decided to have it completely stripped and redone with the correct insulation.(somewhere around £15,000 I believe) 😡

Anyway,as a precaution because of possible falling debris etc .. I think its only right to ask our neighbour if he would like to move his car across to the other side of his drive(This is the twin turbo,6 litre Bently)🤭

I know for a fact that he will refuse and start talking insurance claims etc..(Yes.....I know exactly what he's like)

I'm sure that he hasn't applied to the council to park a car in his front garden(this rule is stipulated in his tenancy agreement there for everyone to read) so basically,it shouldn't be parked there anyway.

When the time comes to ask him,I know he will refuse,so do you think my next step would be to contact the council,explaining the situation to them and maybe logging a statement with the police?.

Obviously the builders will take necessary precautions and do their best,but as his car sits approx.3 ft. from my house,their could possibly be an insurance claim even though I've suggested he moves it.

Do you think I'm correct with my forward thinking,or totally wrong.?

 

[WayneS]

I sympathise, you have been responsible in letting your neighbour know, If anything were to occur (hope it shouldn't) would the builders and their insurance not be liable?
Imagine your roof were being done and next door had a glass roof conservatory, it wouldn't stop the job. Hopefully due care should minimise any potential risk.

 

[Robert_374373903]

In one of our houses I had a high top camper and wanted to house it in our garage. My neighbour is was a manager at Barclays and was hot on complain about things such as our fence his side of garden did not match what he had on other side of his garden, ours was better quality. Then the Lilac tree was overhanging his garden. Anyway the garage , I told him to either park his car in the road when they were doing the building or the builders were going to cover it up. Each time without hostilities he gave way to common sense.

 

[Beehpee]

Have you checked if all his vehicles are taxed, can’t tell by looking for tax disc now but if you download an app called Total car check free on the apple App Store you put the cars reg number in and gives you info re if taxed and insured free of charge, the info comes back almost instantly, I’ve an idea you can also check if insured but that isn’t free, it’s quite a handy app, I use it for my job but there’s been times when on holiday and I see an old car and can’t identify what it is and I put the reg in tells you when first registered, tax and mot, all the past mot details so I know you don’t want it for all that but finding out if taxed and mot could be useful, I really feel for you and the situation, best of luck

BP

 

[woodsieboy]

I would take lots of photgraphs from different angles showing the location of your work to be done, especially when the builders are about to start work, then again as the work is ongoing, in the event of an insurance claim you can produce the photographs to support your side of the argument. I would also go ahead and suggest he may like to move his car, after all it is in his interest for the car to remain undamaged, you never know he might realise you are just being reasonable, and would hate for his car to be accidently damaged. Whether he is looking to claim on your insurance or his own,once you have given him notice of your intended work, he has a duty of care to ensure he acts in such a way as would be reasonable to prevent any damage occuring. So should he not move the car the insurance companies may decline any claim on the grounds that the risk was forseeable and he had not taken action to prevent the damage occuring, another reason to keep plenty of photographs. Good luck with whatever you decide to do.

 

[GeorgeandAde]

I would imagine the builders insurance would cover any eventuality.
Yes....all 3 of his cars are taxed,motd and insured but the Bently shouldn't be parked in his front garden without it being properly constructed(tarmac or concrete) with the kerb being dropped.

About 18 months ago(another problem I tackled him about)I was told,"Because I can do what I want,and if you don't like it...(certain words not included).

Anyone know the 6 winning numbers for this weeks lottery?? 😂😂

Thanks woodsieboy👍
That was my reason for contemplating informing the council and maybe police to confirm that I attempted to avert a possible accident.

 

[JTQ]

Is not the property owned by the council, assumed from an earlier comment?

Advise them in writing of your intentions, as I understand it adjacent properties, with due notice have now to allow abutting properties to be maintained. They have to agree a reasonable timescale etc.

In your circumstances I would not deal with the tenant but formally with the owner. Leave it to them to instruct the tenant and give dates when things must be vacated for your work to safely proceed.
Most council workers are willing initially to chat around an issue and "suggest" a route forward, try that first or chat to your local CVB on your rights etc.

 

[Beehpee]

CVB is ?

 

[GeorgeandAde]

Thank you JTQ.

Yes,he is a council tenant and ours is private.
We are in the process of getting estimates from private contractors for the work.
I feel that no matter how careful the workmen are,and because his car is so close,an accident is just waiting to happen.
Also.....its just in my nature(no matter my feelings towards him are) to advise him to move the car.
Just the way I was brought up really 😇

 

[Jcloughie]

CVB is ?

I think he meant CAB, Citizens Advice Bureaux.

John

 

[JTQ]

CVB is ?

I think he meant CAB, Citizens Advice Bureaux.

John

I did indeed mean Citizens Advice Bureaux or whatever they trade as today, sorry mind works faster than my single typing digit.

 

[Parksy]

Thank you JTQ.

Yes,he is a council tenant and ours is private.
We are in the process of getting estimates from private contractors for the work.
I feel that no matter how careful the workmen are,and because his car is so close,an accident is just waiting to happen.
Also.....its just in my nature(no matter my feelings towards him are) to advise him to move the car.
Just the way I was brought up really 😇

Advise the neighbour of the work that you are having done, the commencement date and the possibility of damage if the car remains where it is when the work on your house is carried out, with the suggestion that it is moved.
Most importantly, do it in writing with a formal letter that you have copies of.
Keep a copy, send a copy to the neighbour, a copy to the council and a copy to the insurers of your house.
That way there can be no claims by the neighbour that they were not informed.
Any damage if the vehicle is not moved will not be your responsibility.

 

[GeorgeandAde]

Thanks everyone for your comments.👍

Parksy......
Are you saying(if an accident did occur),its my house insurance he would claim from and not the builders?

 

[otherclive]

Thanks everyone for your comments.👍

Parksy......
Are you saying(if an accident did occur),its my house insurance he would claim from and not the builders?

if you follow Parksy advice he would not have a basis for a claim. Read Parksy last sentence.

 

[Parksy]

Thanks everyone for your comments.👍

Parksy......
Are you saying(if an accident did occur),its my house insurance he would claim from and not the builders?

What builder would want to undertake the work if they thought that a claim against them or their insurance policy would be likely?
Give the neighbour, the council as owners of the adjacent property and your house insurance company the information and notice to move his vehicle, or indeed anything which could be damaged, in writing, and on your letter state politely but firmly that you and those who you have employed accept no responsibility for damage to vehicles or goods that are not moved when the work begins.
I don't know the person involved but from your comments he sounds like the sort of individual who wouldn't let an opportunity to damage you financially or emotionally pass.

 

[Dustydog]

Ade,
In addition to all the wise advice so far.

1. In Law you are vicariously legally liable for your builders actions whilst at your premises. Even though he may well have his own Third Party Liability Insurance , you will still be first in line of fire.

2. You must tell your own household insurers what you are doing and what the potential problems may be. Tough I know but a non disclosure of a material fact to your own Insurer will only cause you more problems.

3. I fully endorse the advice to tell the Council, Property owners, of next door about their tenants intransigence.

 

[ProfJohnL]

As DD points out the householder is lawfully responsible for any works carried out on their property, and thus liable for damage or loss caused by the works or the contractors used.

If your neighbour does make a valid claim, it would be against you as the householder, and then if it were due to a failure on the part of your contractor you would then (if its worth it) make a claim against the contractor.

Might I add that simply advising your neighbour or their landlord of works you intend to involving access do does not give you carte blanche to start, there should be an opportunity for reasonable objections or restrictions such as times of access or noise to be made. The local authority may well be able to offer some advice .

 

[Jcloughie]

I am with DD on this, you can’t negate your rights just by informing and warning them. Wrong as that might sound. Having said that, I do agree that formally informing them is important.

This put me in mind of courses I did in construction law, and it might involve trespass. This article may point the OP in the right direction.
I appreciate that any trespass is anticipated rather than necessary to undertake operations.

But as JTQ said CAB could be helpful.

John

 

[Jcloughie]

Thinking a little more on this problem. It could be that the neighbours tenancy contract includes clauses to the affect that he must reasonably cooperate with his neighbours. Therefore, a caring council might invoke this on your behalf.

John

 

[GeorgeandAde]

Very true John.

Just waiting for quotes,then when a firm date is set to begin work,I will begin to compose the letters to the neighbour,council and my insurance company.

 

[Jcloughie]

Why wait? It’s the permissions and protocol that need sorting, not the programme.


John

 

[Dustydog]

The Horse must be before the cart Ade