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You are here: BAILII >> Databases >> England and Wales High Court (Technology and Construction Court) Decisions >> Surer v Driver [2021] EWHC 3595 (TCC) (12 November 2021) URL: https://www.bailii.org/ew/cases/EWHC/TCC/2021/3595.html Cite as: [2021] EWHC 3595 (TCC) |
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BUSINESS AND PROPERTY COURT
OF ENGLAND & WALES
TECHNOLOGY & CONSTRUCTION COURT (QBD)
Fetter Lane London, EC4A 1NL |
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B e f o r e :
____________________
NEDJLA ![]() | Claimant |
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- and - |
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STUART ![]() | Defendant |
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Official Court Reporters and Audio Transcribers
5 New Street Square, London, EC4A 3BF
Tel: 020 7831 5627 Fax: 020 7831 7737
civil@opus2.digital
MR CLEGG (instructed by Setfords Solicitors) for the Defendant.
____________________
VERSION
OF JUDGMENT
Crown Copyright ©
MR JUSTICE EYRE:
"2. The applicant, as the Claimant then was, is the owner of the neighbouring property number 28 Sunnydene Road occupied by her son and her son's wife. The properties are neighbouring terraced houses. Therefore, they share a party wall. Number 30 Sunnydene is currently unoccupied. Although MrDriver
has owned the property since about 1997, he has not lived there for some six or seven years. The applicant's son and wife are the permanent occupiers of 28 Sunnydene.
3. It is apparent from the evidence before the court by way of witness statement of MrsSurer
and the witness statement of Mr
Driver,
together with the documents in the bundle, that there is a long history of disagreement between the parties. Today is not the appropriate time for the court to resolve all those issues but it was clear there is some bad feeling. It is also
very
clear from the evidence that Mr
Driver's
property had fallen into a serious state of disrepair. Correspondence was sent by Ms
Surer
to Mr
Driver
either directly or through her solicitors from as early as 31 July 2019. A number of letters were sent in September and December of that year, more recently in June and December 2020. That indicates that that over a relatively long period of time and the recent history of the dispute, complaints have been made by Ms
Surer
about the state of disrepair at number 30."
"The Defendant has failed to maintain 30 Sunnydene and it has fallen into a dangerous state of disrepair. The particulars of disrepair include but are not limited to..."
Then a number of particulars were given in a variety
of terms, some at a level of generality and others with rather more particularity.
"The state of disrepair of 30 Sunnydene has caused flooding, damp, extensive water ingress, and associated damage to 28 Sunnydene, and extensive mould to the party wall. Further, rats have infested 30 Sunnydene and are now encroaching into 28 Sunnydene."