Demolition company damaged pipe in my rental property

Romeo

Romeo

Hi,

A neigbouring property adjoining my rental property is getting demolished. The problem is that the demolition company that the neighbour used damaged a pipe in my rental property. The backyard tap in my property had a leak and I had to pay $320 for it to be fixed.

Who is supposed to pay for this damage? I guess it would be the demolition company. If the demolition company refused to pay up, what course of action do I need to do to make them pay for the damage? Should I pursue legal action for this?

regards,

Romeo
 
For $320 you're thinking legal action? Just claim it as a repair and profit from the tax you get back on it.
 
Unless you have proof that the police can act on, there is no point in pursuing a claim.

If you hold the proof, contact your neighbour and the contract detailing the problem and costs of repairs in writing.
 
chilliblue said:
Unless you have proof that the police can act on, there is no point in pursuing a claim.

If you hold the proof, contact your neighbour and the contract detailing the problem and costs of repairs in writing.
Click to expand...

Police? why would the police want to get involved in a civil matter. No crime has been committed.
 
Thanks for all the replies.

These are the description of the work done by the plumber (done on different days):

"Investigate leaking backyard tap. Serviceman advises back tap was damaged during demolition work in neigbouring property Pipe has been temporarily capped off and water turned back on to property" - $145.00

"Supply and install a new garden tap outside kitchen making obsolete damaged pipe previously capped off" - $175.00
 
I don't mind claiming it off my tax return as a repair but the thing is that it was caused by an outside party (either the neighbour or the demolition company) and I thought they should pay for it.
 
Terry_w said:
Police? why would the police want to get involved in a civil matter. No crime has been committed.
Click to expand...

I never stated to contact the police. Before accusing anyone and requesting that they make payment on any damage, you need enough proof to ensure that your accusations are correct.

In order to proceed with the request, the proof you have should stand up in a court of law. I.e. recordings, witnesses, agreement that they caused the damage etc.

Why would anyone rectify the alleged damage if you have no proof and more importantly, for such a small sum that is claimable on tax, why would you follow it up.
 
chilliblue said:
I never stated to contact the police. Before accusing anyone and requesting that they make payment on any damage, you need enough proof to ensure that your accusations are correct.

In order to proceed with the request, the proof you have should stand up in a court of law. I.e. recordings, witnesses, agreement that they caused the damage etc.

Why would anyone rectify the alleged damage if you have no proof and more importantly, for such a small sum that is claimable on tax, why would you follow it up.
Click to expand...

Well, strange that you should even mention police. You don't need proof of anything to ask anyone for payment. You can ask, they can say no.

You then have to decide whether it is worth pursing through a court. If you think it is then you should consider what evidence may be needed.

Someone may rectify damage they cause even without proof - because they did the damage.
 
Why would you enter into any dispute for monies if you were not 100% certain that they are the cause of the problem and could prove the same?
 
chilliblue said:
Why would you enter into any dispute for monies if you were not 100% certain that they are the cause of the problem and could prove the same?
Click to expand...
Apart from what Terry said - that often people don't need evidence, because they know - if it went to court, you'd only have to prove it >50% for a civil matter, not 100%. i.e. Need to establish that the damage was "more likely than not" caused by the demolition.
 
If I send a letter to either the neighbour or the demolition company for them to pay up, what if they said no? What do I need to do then?

Regarding proof, the descriptions clearly says that the damage was due to the demolition work on the adjoining property.
 
Romeo said:
If I send a letter to either the neighbour or the demolition company for them to pay up, what if they said no? What do I need to do then?

Regarding proof, the descriptions clearly says that the damage was due to the demolition work on the adjoining property.
Click to expand...

Then you have 3 choices
1. Forget it
2. Ask again
3. take legal action.

Re proof - I can write you a letter saying the other neighbour did the damage - this doesn't mean they did though.
 
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