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JGM, Solicitor
Category: Scots Law
Satisfied Customers: 11424
Experience:  30 years as a practising solicitor.
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Hi, Can you please advise on the following Our tenement

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Can you please advise on the following'
Our tenement flat recently had a burst pipe, causing our downstairs neighbour's kitchen some water damage.
We immediately contacted a plumber and had the leak repaired, at our own expense as insurance would not cover pipes.
The landlord of the downstairs property now wants us to foot the bill for surface damage - plasterwork, paintwork etc - but refuses to contact her insurance company. Am I correct in insisting that she claim through her insurance for any reparation work?
Many thanks,
Thank you for your question.

You can't insist on her claiming her insurance. It's up to he whether she does so. However, she can only claim against you if she can prove that you were negligent in some way and that the negligence caused the burst pipe which damaged her property. I doubt that she could prove negligence against you as you could not have reasonably foreseen that the pipe was going to burst.

I hope this helps. Please leave a positive response so that I am credited for my time.
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