Guttering dispute

[Harry Bloomfield]

It sounds as if you need to have words with your local councillor and hope they can push the proper agencies to respond in an adequate way. We have a very good local councillor whom we can email with any issues and usually get a reply within minutes, then later I am copied in on his chasing of the relevant departments. He is very pro-active.

 

[Harry Bloomfield]

Also, attaching pics of what they have done. (if the attachments have worked!)

Their solicitor has picked apart the surveyor to discredit their assertion that it is a Torte of Nuisance. They debate that its causing the internal damage, saying that could be due to our glass roof. But also that if we stopped our water flowing into the neighbours guttering it would stop if it was causing it - even though the downpipe is joined to their side of the guttering.

It's their solicitors job to deflect the blame from his/her client. A professional surveyor's opinion is much more valid than that of a solicitor, when it comes to building matters, in a court of law.

 

[Smileyhelen]

It sounds as if you need to have words with your local councillor and hope they can push the proper agencies to respond in an adequate way.

Thanks Harry. I'm at my wits end so really appreciate your response. The water board told us that they'd only get involved if it was something about the drains and not a civil issue. The council Environmental Heath dept said that its a civil issue and not something they'd be involved in. Do you have a steer on who which agencies you would expect a Councillor to help get action from?

 

[Harry Bloomfield]

Thanks Harry. I'm at my wits end so really appreciate your response. The water board told us that they'd only get involved if it was something about the drains and not a civil issue. The council Environmental Heath dept said that its a civil issue and not something they'd be involved in. Do you have a steer on who which agencies you would expect a Councillor to help get action from?

I don't know for sure, but I would guess at Environmental Health.

 

[Hugh Jaleak]

Try posting on www.gardenlaw.co.uk, if you can weed out the wheat from the chaff in terms of responses, but there are some knowledgeable people on there, including Legal Professionals. Guttering issues are not uncommon, if your property has always drained via the neighbours gutters, you will have accrued a right of discharge, there is absolutely naff all they can do.

It is now simply down to you to prove all you've do is replacing the old guttering like for like, if you haven't increased the roof area drained and thus the amount of water heading their way, then there is nothing they can do or say. If their guttering is not able to handle the flow, then they need to take appropriate action to rectify that without causing any further nuisance to you.