14 Jun 2016

A question about : help please re southern water claim

Hi.

Firstly, not sure if this is the right place to post this so please move it if not.

I am hoping somebody can advise me here over an issue I currently have in my back garden.

I am looking to make a possible claim against southern water for a 'loss of amenity', having had to surrender the large part of my garden to them since last Sunday (15/02).

My next door neighbour's toilet started backing up last Friday (13/02), I know as he came to round to check whether ours had (it hadn't, and still hasn't).
He reported the problem to Southern water and some contractors turned up on the Sunday, and with my blessing, started digging a hole in my garden, about 3/4ft deep (couldn't really say no) to investigate. They found the lateral drain from next door back to the manhole had collapsed, but that this wasn't the only problem. Since that Sunday they have been pumping sewage out of the hole in my garden, rendering it useless. I have now been told they are going to have to excavate more of my garden to relay this drain, once they have repaired the main sewer elsewhere. It looks like this will go on for at least another few weeks until I finally get my my garden back, after they have got round to reinstating it.
Would I be in a position to seek damages against Southern Water for the use/enjoyment of my garden which is looking to go on for at least around a month? Obviously it has been a massive inconvenience and not particularly pleasant.

For the avoidance of doubt it is classed a public sewer as it crosses my garden but serves next door, and Southern Water agree.

Thank you in advance for any help!

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