Damage to Roof by Neighbours Contractor

Hi Everybody,

Some advice please!

My parents own a semi-detached house (99 year lease) and the neighbours have recently had their roof jet-washed and then sealed with a waterproof sealant.

During the works the contractors have taken the top weatherproof layer off my parents side without due care taken of their tiles but have neatly coated (protective weatherproofing) the neighbours side in a straight line. This has left my parents side with exposed and unsightly tiles. The issue is that the weatherproof/waterproof layer has been stripped from the tiles rendering them unfit for purpose giving rise to obvious concerns.

So not only has the work left my parents side with an unsightly roof but there are structural concerns regarding the weatherproofing of the tiles.

My father has tried talking to the neighbours but they are not interested and have ignored his request to put the tiles back as they were. He has also tries contacting the contractors by telephone and just gets passed from pillar to post getting nowhere.

Thankyou in advance for any advice you could give.

The person responsible is the person who did the damage. The company that did the damage needs to replace, and/ or repair said damage.

The longer this issue goes unaddressed, the harder it is to follow up on--which is precisely why they are being given the run around.

I would send a registered letter, return receipt requested to the company that did the damage and explain in concise terms what the problem is and exactly what you want to rectify the situation. Don't say, "Come fix this"---spell out exactly what needs to be done to restore the roof as it was. I would also get an estimate from another licensed bonded individual to present to the company at fault to show them what they will be sued for if the damage isn't corrected.

Also, if the house is at risk, it might be advisable to go ahead and have it fixed---and then sue for the repairs later to avoid making an already unfortunate situation even worse. A judge may find the company in question is responsible for the damage, but if nothing is done to remedy the situation and it becomes worse through neglect, he may not award money for the subsequent damage.

Time is of the essence---as are records. Keep careful records, and proof, including receipts. It really isn't the neighbors fault---it is the fault of the company hired to do the work.

A (fairly obvious) suggestion that you begin documenting the extent of your damages, if you haven't already. Photographs of the damage, qualified contractor estimates to cure the damage and a repeated attempt in writing to the company at least show your attempt to resolve the issue yourself. If nothing else, try to obtain their insurance information. If unable to get a resolution to your satisfaction, you may want to investigate small claims court, depending on the amount of damages and the jurisdictional limit. Personally, I don't know if I'd actually repair the damage unless it's absolutely necessary .. you may want to check into your jurisdiction's requirement/definition for mitigating your damages before you spend any more money. It may (or may not, depending on where you live) be necessary to make at least rudimentary repairs until you can get this resolved.

It also sounds as if a leashold may be involved; if so, you may want to carefully examine the terms of the leasehold .. there may (or again, may not) be specific language contained within that specifically addresses such a situation as this. If so, and if the damages are more significant than the small claims jurisdiction, an attorney can best advise you how to proceed.

Good luck.

*A final thought: Does your jurisdiction require a party wall agreement for that semi-detached property? If so, you may want to review the language for particulars on maintenance, repairs, responsibilities, etc of all common areas .. which should include the roof. Check the recorded title; any references should be specified somewhere within in. (Again, just a suggestion.)