The solicitor is talking rubbish but then again, he is acting for hisclient.
It is not something that "can happen in flats"
if it just happen in flats, then flats all over the country would beflooded. In addition, it must have happened in that particular area (whateverthe area was) for a reason. Badly fitted pipe, something rubbing against it, anail or screw, whatever. They don't just happen, someone has been negligent.
If this was a service item (which it is not) and it would not be reasonablyviewable on an inspection, then the owner of the upstairs flat may possiblyhave a get out. However in my opinion there is no get out in this stop
I would write back to the solicitor and advise him that these kind ofincidents do not happen in anything which is not a service item. There isobvious negligence with regard to the installation. You do not accept hiscloudy explanation
Tell them that you have been advised to issue legal proceedings withoutfurther notice. Ask them are they instructed to accept service of papers.
If they confirm that they are, then the documents served on the landlord asthe defendant's solicitors address.
If the solicitor deals with this or then, it will cost more in legal coststhan they are actually arguing over. Even if you go to court and lose, theywill not get their solicitors costs back other than a fixed fifty pounds.
None of this is your fault and you should not have to pay the excess.
Can I help further?
Please bear withme today and in general because I am off-line and online all day and evening(and often at weekends)
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thanks fo the response.
Please can you clarify what you mean by:
"If this was a service item (which it is not) and it would not be reasonablyviewable on an inspection,"
"these kind of incidents do not happen in anything which is not a service item"
I cant quite understand this wording.
My solicitor is dealing with the agenct direct. They have not employed a solicitor. I can ask my solicitior to tell them I will issue legal proceedings without further notice and ask them are they instructed to accept service of papers, which they should be as the are dealing with my solictor on behalf of the freeholder?
I take your belief that it will cost more in legal costs than they are actually arguing over. Even if I go to court and lose, they will not get their solicitors costs back other than a fixed fifty pounds.
This appears to be the only leverage I have!
Please can you tell me what court I should go to? My solicitor has said I need another solicitor more experienced in court claims than she.
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