Claim for nuisance and traspass

[Tony Aneil]

Hi

I brought a semidetached house in 2005, looking out the front door, on the left-hand side, it had a glass lean to/ garage, with a glass ceiling that went the length of the house, front to rear. It was tired into the property next door with lead flashing. The property is the type that is commonly referred to as a linked detached house.

With consultation and at the behest of my neighbour I removed the glass ceiling structure and sought and got planning permission from the local authority to erect a safer and permanent roof. All the work was carried out with planning permission and in accordance to building regulations.

Over time my neighbours guttering has deteriorated, and he has failed to maintain it. My neighbours entire guttering water falls onto my garage roof.

My neighbour claims he is suffering damage to his property from my garage roof and is trying to claim private nuisance.

I sold the property 3 years ago and my neighbour has sent court summons documents to the property on my name, the property is now owned by a young lady
and I am a tenant

Will I still be liable?

Can anyone advise plz

 

[oldbutnotdead]

First off i doubt it is a summons.
Secondly, you are a tenant- unless you have a weird lease or have made some changes during your tenancy then you have no liability for the above. Forward the docs to your landlady, she would be wise to seek legal advice (may well be included in her insurance)

 

[HERTS P&D]

Did you sell it to your daughter?

Andy

 

[Alec_t]

My neighbour claims he is suffering damage to his property from my garage roof

But it's his water that's doing the alleged damage if his guttering allows it to fall on your roof !

 

[Tony Aneil]

Andy, mate I wish I had sold it to my daughter, wouldn't be worried about being made homeless, the landlady woman wants to kick my ass out. She has selective memory, I sold her property cheap, because I was under some stress, now she taking advantage

 

[^woody^]

Tenants tend to have what is known as "best interest" in a property, and despite not owning it, do have a lot of rights and control over the property which could supersede those of the landlord owner in terms of responsibility for things like defects and nuisance.

So yes tenants can be held responsible for nuisance caused by the property - which by extension is in fact their use of the property.

A tenant's defence would be their tenancy agreement and in this situation what the tenant has done to inform the landlord of any defects.

Get legal advice asd to whether to answer the summons, even if it's too say that the summons is invalid.

 

[Tony Aneil]

woody,
would I just need to write to the court and say the summons are invalid, because I am no longer owner and occupier

 

[^woody^]

Try the Clerk of the Court, else a legal advisor who knows about civil claims. Do you have legal advice cover on your home insurance?

Presumably, there must be a mechanism to prevent claims against the wrong person without them having to turn up at court and waste the court's time. Conversely, it won't be possible for those who are correctly named to dodge court by saying "It's not me"

 

[Tony Aneil]

Thank you, woody,
I am going to pop into court Monday morning. Real pain in the ass, as I am in Wolverhampton and the court is in Birmingham. The thing is, the incompetent solicitor firm acting for the neighbours, keep sending land Reg documents dated 2015 when I last owned the place. I am going to send them a recorded letter and copy in the court as well explain I have no interest in the property. But will go court as you suggested and see what clerk advises. Yes property is insured to the hilt but owner not contacted insurance as she not received and court papers concerning her