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Next doors property has damaged our property. Next door wont pay for damage. Who is being unreasonable?

(109 Posts)
LunchLadyWannabe Sat 15-Feb-14 21:00:20

On thursday next when it was very windy, dh van alarm went off. It is on the drive. Dh goes out to the van and it has a tile on the bonnet, and a smashed window screen. There is also a tile on the garden of next doors house.

Two tiles has fallen off next doors roof.

Dh went next door and informed the lady (elderly lady) who was very apologetic and said she would contact her landlady ( a family friend of hers) straightaway.

Dh left his details with the lady next door.

Landlady rang about half hour later and said to dh that she would contact her insurance first thing in the morning.

Next morning, a roofer arrived and confirmed that the tiles were from next door and had come off due to poor maintenance of the roof.

Landlady contacts dh to tell him that her insurance wont pay out as "its an act of god" and basically said its just unfortunate.

The window screen has been replaced at a cost of £250. We have had to pay for this.

Dh contacts the roofer to ask him to put in writing what he told dh so dh could take it further. The roofer refused and said he didnt want to get involved, and told dh that he had been paid "as a foreigner" for the job and basically hadnt been paid enough to deal with this.

The landlady next door has asked dh not to contact her further regarding this. She doesnt care that we are out of pocket, its just one of those things!

Are we being unreasonable to expect the landlady to pay for the damage or at least pay half?

I feel really angry about this.

LunchLadyWannabe Sat 15-Feb-14 21:00:53

On thursday night*

LunchLadyWannabe Sat 15-Feb-14 21:01:46

Forgot to add that the landlady has refused to give us her full name or address.

PolterGoose Sat 15-Feb-14 21:03:32

Message withdrawn at poster's request.

Joules68 Sat 15-Feb-14 21:03:38

Did you ask your insurance about it?

LunchLadyWannabe Sat 15-Feb-14 21:04:56

Dh has contacted his insurance who have said that they will give him £100 towards the cost.

But we are still £150 out of pocket

FoxesRevenge Sat 15-Feb-14 21:05:04

I would push this and make her pay.

I would also tell the roofer that if he didn't put his professional opinion in writing you will dob him into the tax man. wink

Shakey1500 Sat 15-Feb-14 21:05:06

I'm not an expert but I know when our roof was damaged due to a storm, the insurance paid out. But we had accidental damage? I think you have to have that but I'm not 100% sure.

YANBU.

whattoWHO Sat 15-Feb-14 21:05:12

Speak to your own insurer to see if they can claim from your neighbor on your behalf?
You'll be able to find out the name of the owner from land registry.

hamptoncourt Sat 15-Feb-14 21:05:19

YABU. Isn't the van insured?

RhondaJean Sat 15-Feb-14 21:05:47

www.theguardian.com/money/2013/oct/28/st-judes-storm-house-vehicle-travel-affected

Read about half way down this. It seems to say you can claim on your car insurance if it's fully comp, but the assumption will be the storm and not poor maintenance caused the tiles to fall so that your insurer might try to claim the costs back from the neighbour. As its £250 your excess might not even make it worth going through your insurer and they wouldn't be likely to spend time trying to reclaim for such a little amount.

Sorry I know it's unfair but looks like just going to have to be one of those things.

impatienttobemummy Sat 15-Feb-14 21:06:03

I think you are being a bit unreasonable. If her insurance company say she isn't liable what can she do? It wasn't intentional. I can see why your upset I would be too but if you were her would you pay out of your pocket if your insurance company said no? The roofer had no buisness saying she hadn't maintained the roof how would he know she could have believed it had been maintained in good faith.
I have no idea if my roof tiles are loose they look okay, first if know is if one 'accidently' blew off

Alisvolatpropiis Sat 15-Feb-14 21:06:54

I don't see how you can make her pay?

It was accidental damage, caused by the weather, often termed "an act of god" in tort law and insurance companies.

LunchLadyWannabe Sat 15-Feb-14 21:07:02

Foxes

How can i make her pay though?

Will the land registry tell me the residential address of the landlady?

poorbuthappy Sat 15-Feb-14 21:08:25

They didn't say she wasn't liable. They said she wasn't insured.
Completely different things.
If the landlord doesn't have accidental cover, look after their roof, etc the. If certainly isn't the neighbours fault.

I would be extremely pissed off with this.

poorbuthappy Sat 15-Feb-14 21:09:18

And if the act of god thing was true then no one would ever get a pay out would they?

Joules68 Sat 15-Feb-14 21:09:22

Your insurance actually said they would give you £100 towards it??

FoxesRevenge Sat 15-Feb-14 21:09:53

Yes, I think it will. I've tracked down a landlord that way before.

LunchLadyWannabe Sat 15-Feb-14 21:10:21

Yes they told dh on the phone they would give us £100 towards it

RhondaJean Sat 15-Feb-14 21:10:59

I'd presume the vehicle insurance told them it was covered by that policy as per the guardian link I posted and the excess is £150.

Floggingmolly Sat 15-Feb-14 21:11:17

No, her current address will not be on the land registry. She's not liable for an Act of God, anyway. Why doesn't your own insurance cover the damage?

RhondaJean Sat 15-Feb-14 21:13:03

Basically, you'd have to prove the tiles came off due to lack of maintenance and not due to the storm and you have no proof of that, do you?

LunchLadyWannabe Sat 15-Feb-14 21:13:12

Why should we claim off our insurance?

Its not our fault she hadnt maintained her property.

If we claim, then dh premiums go up. So we end up paying that way anyway.

RhondaJean Sat 15-Feb-14 21:13:45

<shrugs>

LunchLadyWannabe Sat 15-Feb-14 21:14:08

Rhonda

The roofer wouldnt put it in writing, so no we have no proof

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