The solicitor is talking rubbish but then again, he is acting for his
It is not something that "can happen in flats"
if it just happen in flats, then flats all over the country would be
flooded. In addition, it must have happened in that particular area (whatever
the area was) for a reason. Badly fitted pipe, something rubbing against it, a
nail 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 reasonably
viewable on an inspection, then the owner of the upstairs flat may possibly
have 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 of
incidents do not happen in anything which is not a service item. There is
obvious negligence with regard to the installation. You do not accept his
Tell them that you have been advised to issue legal proceedings without
further notice. Ask them are they instructed to accept service of papers.
If they confirm that they are, then the documents served on the landlord as
the defendant's solicitors address.
If the solicitor deals with this or then, it will cost more in legal costs
than they are actually arguing over. Even if you go to court and lose, they
will 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 with
me today and in general because I am off-line and online all day and evening
(and often at weekends)
forget to positively rate my answer service (even if it was not what you want
to hear). If you don't rate it positively, then the site keep your deposit and
I get 0 for my time. It is imperative that you give my answer a positive
rating. It doesn't give me "a pat on the head", "good boy" (like ebay), it is
If in ratings you feel that you expected more or it only helped a little,