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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
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I am in dispute with my downstairs neighbour. The tenant below

Customer Question

I am in dispute with my downstairs neighbour. The tenant below reported water penetration in their bathroom, suspecting that the problem was coming from my bathroom above. We agreed to having a plumber attend to investigate & recommend a solution as necessary. Plumber attended, removed bath panel & identified a missing washer on the waste pipe which he supplied & fitted. The leak has now ceased.
I was then sent a request for payment of plumber's work plus, repairs & 'make good' of 'the damage caused' to neighbours bathroom.
At no time was I ever invited to see the downstairs bathroom, inspect the leak nor the damage caused. I have now received a bill from the downstairs owner for the plumbers visit & work - in the region of £73 plus a further £390 to make good the damage caused. Both these charges appeared on the same bill.
I am happy to pay for the plumbers investigation & work (£73) & suggested that the owner needs to claim the cost of damage to bathroom (£390) from their household insurance. However as both amounts appeared on the same request for payment, I have withheld payment in case paying the plumbers part of the bill implies liability on my part for the whole of the bill. Please advise on the way forward for me as I want to resolve this matter asap.
Thank you.
Ann Carolan
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Alex Watts : Hello Ann my name is ***** ***** I will help you with this.
Alex Watts : Is there any reason you can't phtocopy the invoice and use it?
JACUSTOMER-7viexw44- :

I'm not sure what you mean

Alex Watts : Are the charges £73 and £390 itemised?
JACUSTOMER-7viexw44- :

They have sent me a bill for the plumbers visit & work which amounts to £73.14. However this bill includes an estimated bill for the repairs - £390 plus VAT. I am happy to pay for the plumbers visit & work but do not wish to be liable for the estimated bill for bathroom repairs. As I have never been inside their flat at any time, neither before or after the plumbers visit I feel they are just trying to add the repairs expecting me to pay. As the origin of the leak was never actually proved, I cannot surely be held liable for these extensive repairs? I want your advice on how to approach the matter such that no liability is implied on my part for also paying their repairs bill

JACUSTOMER-7viexw44- :

Yes estimated repair bill is itemised

JACUSTOMER-7viexw44- :

And the plumbers work bill is also itemised

Alex Watts : Thanks Ann, my view is that you are not responsible.
Alex Watts : If the location can not be determined or is not conclusive then you do not need to pay it.
Alex Watts : Just pay the £73 and that's it. If the neighbour want as to take it further then they will have to sue you.
Alex Watts : In any event they would have to prove that you caused the link and that was the direct cause.
Alex Watts : There is no evidence.
JACUSTOMER-7viexw44- :

Thank you for confirming my approach

Alex Watts :

Can I clarify anything else for you?

Alex Watts :

If this answers your question could I invite you rate my answer before you leave today.


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