Hi there,
A communal sewer pipe (which serves 4 houses) is blocked and needs repair. The drain that serves the 4 houses including my house is based in my front garden. The Environmental Health Agency has sent a letter to the 4 houses on the Line saying that the drain needs repair and to split the cost between the 4 houses.
The law (Local Government Act (Sanitary Services) 1878 - 2001) dictates that this blockage must be cleared and legal proceedings will be issued against the 4 houses if not rectified. However, the law to my knowledge does not specificly say that all houses have to chip in for the cost but this is the standard best practice rule in place all over the country as advised by the drainage authority and the Environmental Health Agency.
If I end up forking out the cost and clearing this:
1) Do I have legal recourse against the other houses if they don't pay up?
2) Can it be taken to the Small Claims Court?
3) Whose side is the Small Claims Court/Law likely to favour?
4) Can I claim for damages in the act of a legal case?
Any opinions or advice from people in similar situations or of a legal background is greatly appreciated.
A communal sewer pipe (which serves 4 houses) is blocked and needs repair. The drain that serves the 4 houses including my house is based in my front garden. The Environmental Health Agency has sent a letter to the 4 houses on the Line saying that the drain needs repair and to split the cost between the 4 houses.
The law (Local Government Act (Sanitary Services) 1878 - 2001) dictates that this blockage must be cleared and legal proceedings will be issued against the 4 houses if not rectified. However, the law to my knowledge does not specificly say that all houses have to chip in for the cost but this is the standard best practice rule in place all over the country as advised by the drainage authority and the Environmental Health Agency.
If I end up forking out the cost and clearing this:
1) Do I have legal recourse against the other houses if they don't pay up?
2) Can it be taken to the Small Claims Court?
3) Whose side is the Small Claims Court/Law likely to favour?
4) Can I claim for damages in the act of a legal case?
Any opinions or advice from people in similar situations or of a legal background is greatly appreciated.