Neighbour performed repairs on our shared driveways gate and sent me a bill without asking me, do I have to pay?

Lith123 on 01/03/2022 - 18:42

I'm renting out my house while I work elsewhere and my neighbour has sent an invoice under his sole trader to my real estate agent wanting $700 for repairs he did himself on the gate without talking to me first. If he had reached out I would have absolutely been willing to negotiate if repairs had to happen but the fact that he just went ahead and now wants me to pay for it has left me a bit annoyed. Honestly I want it gone as it's very poorly designed (he put it in which I paid half for) and just put a gate at the entrance to my lot.

I feel like the obvious answer is I don't have to pay because it'd be crazy if you could just force your neighbours to pay for non essential works on shared property without even talking to them first. Couldn't imagine getting a brand new shiny fence and getting my neighbour to pay for half without even them agreeing. I checked our management statement for the shared property which states "No arrangement exist for the provision of or payment for, any additional internal fencing" I'm guessing fencing also includes gates.

Home & Garden

Comments

  • Mrgreenz on 02/03/2022 - 19:42
    +2

    This guys onto something

    Install dodgy gate > repair dodgy gate

    The good old double dip

  • thatonethere on 02/03/2022 - 20:22
    +2

    Parallel thread in reddit auslegal

    https://www.reddit.com/r/AusLegal/comments/t404h1/neighbour_…

  • PhatChedda on 02/03/2022 - 20:42

    Whatever you guys advise and what this bloke says he's going to pay and walk away with his tail between his legs

  • wallet72 on 02/03/2022 - 22:13
    +1

    Ask him to show you the three quotes he got before starting work, otherwise you aren't paying - that's if you feel like paying anything at all.
    He didn't have permission, he didn't talk to the co owner (you) before starting work, and he didn't get quotes.

    This may sound stupid, and it's very US based, but an episode of Judge Judy dealt with something similar. She ruled that since no consultation was carried out then there was no approval so no debt is incurred.

  • RolandWaites on 03/03/2022 - 00:10

    Wow. Tell him you didn't agree to any works so he can either: cop the cost himself, or remove the gate and return the area to its pre-works condition at his expense.

    What a dodgy bloke.

  • t_c on 03/03/2022 - 00:45
    -1

    I wouldn't do this, but you could, let him know moneys tight at the moment so you can only afford to pay him back at $10 per week.

    Make a payment then forget, let him chase you up, make another payment then forget, keep letting him chase you up, drag it out for as long as you can.

    Make a game of it, learn to enjoy him squirming for another $10 payment. Make excuses that you'll send the payment that day and forget.

  • grrrr on 03/03/2022 - 08:15

    I dont know if the dividing fences act qld covers this situation or if it is more of body corporate issue.

    In the dividing fences act qld, essential repairs can be made without consent and you still need to pay half. If you do work yourself, typically you can charge half of the materials but not the labour. Why the repair should be considered an essential repair needs to be clearly defined. For example, if a fence forms part of a pool fence or is required to keep pet dogs in.

    I dont know about body corporate rules or if there is any laws. I suspect it would depend on the guidelines your body corporate has set out on what to do when their is a general repair, and what to do if there is an essential / emergency repair. With 3 houses, setting up and documenting body corporate rules might be a pain but would make you less upset about receiving a $700 bill and him more likely to contact you first, if those are the rules.

  • MessyG on 03/03/2022 - 09:28
    +2

    Tell him because he's not a qualified electrician, you will now have to get a qualified electrician to come and check his work, and that will be checks notes, $700.

  • lint on 03/03/2022 - 10:13

    Hah, he did it himself and then billed you as a sole trader.

    Is the shared property part of a strata scheme, or is it an easement in the land registry? Either way I don't think he's allowed to just install a gate without all approval from all partes in the first place. Check with council and threaten to have council order to have it removed because it blocks access to your use of the driveway.

  • HantuPocong on 03/03/2022 - 10:25

    Hi OP,

    Few years ago, I decided to change the fence around my house with colorbond fences (2 sides and 1 back side).
    Only 1 neighbour agree to pay half (after I provided him with 2 quotes first).
    The other 2 said they don`t want to contribute. Which is fine for me because I was going to change it anyway.

    The point is, asking the neighbour first. In your case, since he did not ask you first, IMO you shouldnt pay anything. Just say "sorry, but Im not aware of this repair nor agree with the price".

  • blitz on 03/03/2022 - 10:32
    +3

    I think you should send him a receipt for the $700 you paid for a crystal healer to come and transform the gate's bad energy.

  • Kranbone on 03/03/2022 - 11:04
    +3

    If you paid now, it wouldn't surprise me if you got bills in the future for more unauthorised work.

    Don't pay him. If he wants to do work in future, he should have the courtesy to consult his neighbour.

  • Peck on 03/03/2022 - 12:43

    OP can you get your neighbour to contribute to this discussion with his side of the story? That may shed a hell of a lot of light on this event.
    Is this a strata property? And, if so, is the neighbour the strata manager?

  • Hangryuman on 03/03/2022 - 14:12
    -1

    if it was an emergency repair and he attempted to contact you for 48 hours before doing the repair, that might be supportable

    shared ownership of electric gate motor - looks like a subdivided block with shared title over Lot 1 being the driveway to the rear house - and I'm guessing yours is the front original house, and the 'offender' is the rear newer house built on the rear of the subdivided block ?

    hope you made a satisfying profit from subdividing the property - now you get the enjoy the downside of shared ownership.

    basically I think the ATO doesn't allow tax deductions for claims for own cost DIY works - so I'd guess that a bill for bodgie blokes 'repair' would not be allowed in any form especially as a fait accompli and not previously agreed

    • Yola on 03/03/2022 - 16:13

      OP has said he is the owner of the rear property.

  • smartazz104 on 04/03/2022 - 08:13
    +1

    Tell him "thanks for the new gate".

  • McFly on 04/03/2022 - 11:32

    No.

  • sharkie0123 on 04/03/2022 - 12:47

    You could send him a $700 bill for the 7+ hours of Ozbargain Data Analytics you had to perform on whether the deal was worth it or if your neighbour brought from Harvey Norman

  • Dack Smith on 04/03/2022 - 13:23
    -2

    What does the word “shared” mean OP?

    If you disagree you need to go to court and fight the payment.

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