Neighbours barn guttering floods our garden

[Laurenjaiden]

Our neighbour as 2 barns and when rain is really bad the rain water runs off them and channels into our garden and floods it. They are rented properties and he won't maintain his gutterings. Is it his responsibility to do so. Need advice before I take action thanks

 

[HERTS P&D]

Wait until November 5th.

Andy

 

[mattylad]

Document it.
Film it.
Take action.

Wait - you have rain?

 

[Laurenjaiden]

I'd just like to know if he should legally have to maintain is guttering. At the moment the rain water just comes down the down pipe onto the floor and tracks into my garden

 

[mattylad]

AFAIK he is legally not entitled to dump his waste water onto your land, he is creating a nuisance and you should be able to take action about it.
Although it may be a long drawn out process, he may ignore everything.

If your able to add anything to redirect his water onto his premises then that may be a better result.

 

[^woody^]

A landowner can receive (and must deal with) surface water run off from a neighbour's land, but not from drainage or outflow from drainage.

This is a nuisance, either a public (Statutory) nuisance or Private nuisance. It depends on the effects it causes.

The council can deal with Statutory Nuisance for free under their environmental law powers and this can be in as little as four weeks. A private nuisance is dealt with as a civil matter in the court, but can also be relative quick, but there will be some costs, but damages can be claimed back.

You can claim against the landlord not just the tenant, and all it may take is a letter alleging nuisance (not proving it) to get some action