Shared Gutter Repair Dispute

Summary

The user is dealing with a dispute over shared gutter repair costs with their neighbor in Glasgow. The neighbor is refusing to pay their share of the £400 repair cost. The user has a video of the water damage, a picture of the note they posted about the repairs, and the bill for the work carried out. The user is considering taking the matter to small claims court if the neighbor continues to refuse to pay.

Full Conversation

Glasgow
What evidence do you have of the agreement with her brother? In Scotland, shared repair costs are usually split equally unless a different arrangement is agreed upon.
It was just verbal. However he was here when the repair was getting carried out and I informed the builder that they may see him
What was the total cost of the repair? In Scotland, verbal agreements can be legally binding but proving them can be difficult.
£* and the neighbor confirmed they were aware the work was getting done. However stated that ,they believed we just wanted access to the property
What was the extent of the damage caused by the faulty gutter to your property?

In Scotland, if a shared repair causes damage to your property, you may be entitled to claim damages.
We had water coming in through exposed brick work and above an electrical plug. We also had to get a new roof,as there was damage to the seals
What steps have you taken to request your neighbor's contribution towards the repair costs?

In Scotland:
- Shared repair costs are usually split equally.
- Verbal agreements can be legally binding but hard to prove.
- You may claim damages if a shared repair damages your property.
I spoke to the brother and informed him that the work had been carried out and detailed again what had been done. I have just also spoken to the neighbor and asked if they would now pay the share and it's been * weeks since the work was completed
What was the neighbor's response when you asked for their share of the repair costs? In Scotland, if a shared repair causes damage to your property, you may be entitled to claim damages.
I would think about it and basically accused me of not getting enough quotes and implied I was inflating the cost of repairs. There is still historical water damage evidence on the front of her property due to the prolonged issue with the back/ front gutters
What steps have you taken to document the damage and the repair process?

In Scotland:
- Documenting damage and repair can strengthen your case.
- Consider seeking legal advice if the neighbor refuses to pay their share.
I have a video of the water pouring out of there back gutter
What other evidence do you have to support the cost of repairs? In Scotland, having multiple quotes and invoices can strengthen your claim.
It has been sealed up as we now have a new roof on the conservertory
Do you have any written quotes or invoices from the repair work that was done? In Scotland, these documents can be crucial in proving the cost of repairs.
I have a written invoice from the company that carried out the repair work. They were not interested to see it. Only asked to view quotes which were verbal
What was the response of the company when you asked for a written quote? In Scotland, having a written quote can strengthen your claim.
It's an actual bill for the repairs
Do you have any written communication with your neighbor about the repair costs and their refusal to pay?
No,I posted a note about the need for the urgent repairs. I no longer have this. Just a picture of the note
Do you have any other evidence of your neighbor's knowledge about the repair and their agreement to share the costs?
Her brother did not advise otherwise on his several visits to the property. They took no further interest in the situation
What steps have you taken to resolve this dispute legally?
Nothing as of yet
What steps are you willing to take if your neighbor continues to refuse to pay their share of the repair costs?
It's only £* - what steps can I take
What steps have you taken to formally request the £* from your neighbor? In Scotland, you may need to send a formal letter before action, outlining the debt owed and giving a deadline for payment.
I asked for the money. That is all at the moment
What was your neighbor's response when you asked for the money?
I will think about it and then stated I would seek legal advice on the matter
What is your plan if your neighbor decides not to pay their share after seeking legal advice?

In Scotland, you may consider small claims court for disputes under £*,*.
Depends on the cost
What is your budget for pursuing this matter legally? In Scotland, small claims court fees are relatively low, and you may be able to recover these costs if you win your case.
It's only £* I am seeking back. So not a lot
What is your willingness to go to small claims court for this amount? In Scotland, the small claims court can handle claims up to £*,*. The court fee is £*.
What are my chances of getting the money back?
What evidence do you have to support your claim? In Scotland, the success of your case in small claims court can depend on the strength of your evidence.
I have a video of the water and a picture of the note I posted. I also have the bill for work carried out
What was the response of your neighbor when you showed them the evidence?
They did not wish to view the video
What was your neighbor's reason for not wanting to view the video?
They have no interest or intentions of paying
What steps have you taken to formally request the £* from your neighbor?
That is my view.
What was your neighbor's response when you formally requested the £*?
I will think about it
What steps are you willing to take if your neighbor continues to refuse to pay their share of the repair costs?
Depends on if we would get the costs back
In Scotland, if you win in small claims court, you may be able to recover court fees and other costs. Are you willing to proceed with this option?