I would be grateful for any advice on making a claim in the Small Claims Court. I want to bring a claim but my worry is that I might be risking having to pay expensive legal costs for the other side if I lose. Is that how it works? If you lose a claim, and the other side has engaged a solicitor, then you are liable for their costs?
If that is the case then I think I?d be too worried about it to bring a claim, even though I?ve been told I have a good case. I just don?t want to risk it. My insurance company can?t help as the ?loss?, in this case dry rot, isn?t an insured loss, so they can?t help me bring a legal case.
As a bit of background about the case, if anyone?s interested: dry rot has been found in one of my tenanted properties. It will cost about £3000 to put right. I?ve had two experts round and both have put in their reports that, in their expert opinion, the problem has been caused by the failure of next door to maintain their guttering.
In fact I eventually paid to fix at least some of their guttering myself a while ago as it was causing damp in my house and I couldn?t get hold of the owners of the house (which is also rented). However it would appear that the damp, over a prolonged period, has caused the dry rot.
Anyway I?ve found the landlord, via the Land Registry, and I will try just writing a letter and asking for his insurance details, but if he doesn?t play ball then my only hope is the Small Claims Cours, but, as I said, I don?t want to risk having to pay their legal costs on top of the money it?s going to cost to get the problem fixed.
Any advice gratefully received.