Alleged damage by tenant

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I have a situation developing for which I would appreciate your input. I am the landlord of an apartment.
My tenants moved into an upstairs flat. On the first day they ran a bath which seems to have overflowed and caused water to go into the downstairs flat. Tenants were called downstairs by downstairs occupier.
As landlord, I was not made aware of the incident until approx 2 months later when downstairs tenant found that not all his claim for "damage" was covered under his insurance. He is claiming 400 from me as the owner of the upstairs flat. My tenant vacated in Feb and I had no reason not to return his deposit as I was unaware of the incident. On questioning my former tenant, he vehemently disputes the extent of the damage and there is a clear dispute as to the facts and the extent of the damage which my tenant says was minimal and was cleaned up by himself at the time.
Clearly, downstairs is looking to me for reimbursement and I would look to the tenant but he is strongly contesting the claim. My position has been prejudiced by downstairs not involving me at the outset and the delay meant I refunded the tenants deposit whilst in ignorance of the pending claim.
Any thoughts please?
21/02/2013 00:00

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Martin Co
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