Real Life

Getting a neighbour to pay for damaging your property

How can you get a ‘friend’ who has damaged your property to pay up?
kevin milne, consumer, disputes tribunal

Recently a neighbour asked if I would lend him my ride-on mower as his was being repaired. Because he is a neighbour, I agreed. When he brought it back he was full of apologies and said he’d hit some rocks which damaged the blades and then “the motor stopped”. He said he’d pay for repairs but when the quote came back at more than $4000 he refused. He says he won’t pay more than $500. Can you take people who aren’t traders to the Small Claims Court?

Yes, you can take almost anyone to the Disputes Tribunal (as it’s now called). They don’t have to be traders. They can be anyone you’re having a financial dispute with, though government and local authorities are excluded. First, I would contact the neighbour and ask if he would be prepared to share the cost of having the matter settled by the Disputes Tribunal. For disputes involving around $4000, that would be $60 but it’s better to approach the tribunal as two parties wanting an independent judgement. If he says no, take him to the tribunal anyway. Go to the Disputes Tribunal website. Register a claim against your neighbour for the full amount of repairs, plus any additional costs, for example, if you’ve had to pay for the repairer’s quote. Also, add the cost of renting a mower to do your lawns while your mower is disabled. Your neighbour will be invited to attend the tribunal and argue his case. In my view, you will almost certainly be awarded the full amount.

Do you have a consumer question for Kevin? Email [email protected], or post to Weekly Consumer, PO Box 90119, Victoria St West, Auckland 1142.

Related stories