Gardeners broke wall

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    Gardeners broke wall

    Having had some landscape gardening done at a rental property, I have just noticed that a small wall has been recently damaged. I suspect it was done by the mini-digger the tradesmen used - they have already admitted damaging the neighbours fence which is adjacent to the wall. The damage to the wall was obviously caused from within the garden as the wall now bows outwards towards the pavement.

    Tenants have confirmed that the wall was un-damaged before the gardening work began. The tradesmen have said they don't know if they did the damage, and that the wall was weak (it's 70 years old!) so have offered to pay for half the cost of re-building.

    I have paid £2k for the work and have already asked the company for a quote for a similar sized job, so I'm feeling a little disgruntled. I still owe £400 for this job, but there is around £400 worth of work still to be done, so I have no leverage there.

    Is the age of the wall relevant? If it was damage caused by the tenant, I wouldn't be able to claim betterment. Does their offer of 50% constitute an admission? And the big question.... am I over-reacting or am I being taken for a ride?

    #2
    So if someone drives into a 200 year old house's side wall they'd pay proportionately less than after a crash into a modern estate house?
    Just because it was easy to knock over, reinstatement is still required isn't it?

    Comment


      #3
      Snorkerz:
      Do you have property insurance for the house? If so, does it cover damage by your contractor? Does your contractor not have its own insurance too?
      JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
      1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
      2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
      3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
      4. *- Contact info: click on my name (blue-highlight link).

      Comment


        #4
        Originally posted by jeffrey View Post
        Snorkerz:
        Do you have property insurance for the house? If so, does it cover damage by your contractor? Does your contractor not have its own insurance too?
        I do have insurance, but the builder claims the rebuilding cost is only £300, and expects me to pay £150. With regard to his insurance, yes he probably does but (again due to the small amount) I am guessing he wants to avoid involving them.

        Comment


          #5
          Still, tell your own insurer anyway (duty of disclosure- uberrimae fidei) even if you can't claim or decide not to claim.
          JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
          1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
          2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
          3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
          4. *- Contact info: click on my name (blue-highlight link).

          Comment

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