Republic of Ireland Law
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1. What has occurred here gives you a cause of action in nuisance. So, you can sue the flat owner and occupiers of the flat which has caused the unsightly and dangerous leak and make them repair it. Be aware that the cause of action is against the flat owner and not the management company as nuisance is based on property occupation and ownership. I would advise you to see a solicitor if you wish to adopt this course of action and get the solicitor to issue legal proceedings on your behalf. Essentially, the court will make an order compelling the flat owners or occupiers to repair it. In this instance, as the flat is rented, the liability will fall upon the flat owner to repair what has occurred here.
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