Leak from neighbor - scotland

Darius88

Hello everyone

I know similar posts have been made similar to this, i went through them and struggled to find an answer.. so please bear with me

I own a flat in Scotland. Last year the boiler from my neighbour leaked, causing damage to my ceiling
I paid for it to be fixed.. and thought thats it

This year, i had another leak in the same location traced back to the boiler, which caused damage to my ceiling again.

When i spoke to the neighbor, he said he wont pay foe the damage because it is a different pipe that leaked ?
But with this logic, the same pipe could leak from a different end and claim he is not liable ?


Could I argue this is negligence as he failed to maintain his boiler? Or is he not liable as he claims because it is a different pipe ?

I am not going through insurance by the way, i am either paying for it myself.. or taking the guy to court.

Any advice.. or anyone with similar experience ?

Quentin

To win in court you need to prove his negligence.


(The previous problem must have been fixed otherwise it would have continued to leak wouldn't it?)


Why not claim on your insurance - if your neighbour is liable they will pursue him to reimburse them at no cost to you.


Using the court will cost you unless you win (you will have to pay all the court fees upfront and will only get them back if you win and your neighbour has the means to pay you)

Finst

Lots of things would need to be considered if you wanted to prove negligence:

1)Does he get the boiler serviced regularly (annually)?
2) How old are the flats, and the pipes?
3)What was the cause of the leaks? Freezing weather? Seals deteriorating?

Personally, I would ask the neighbour to show you the boiler service record. If it hasn't been serviced, he'll probably get it serviced, which will reduce the chance of further leaks.

I know from personal experience that boilers can have a catastrophic leak without any negligence - in my case a £1.50 washer inside the boiler failed, and completely flooded the flat below me. The boiler was properly maintained and there was no way of preventing it.

missile

Most flats in Scotland have a factor and communal insurance to cover such issues. It seems you don't? You could try claiming on his insurance?

Your only other option would be the small claims court. I have made two successful claims. I doubt you have a strong case, as it will be difficult to prove negligence. However, it is not expensive if you represent yourself. If neighbour does not appear you will win by default > https://www.scotcourts.gov.uk/taking-action/small-claims