A quickie...........

londondealer

Just need to ask a wee favour and pick a brain or two!

My nephew Was up until last week renting a chalet type bungalow from someone who built it in the grounds of his property.

My nephew did not have contents insurance.

To cut a long story short there was a fire in the property which has destroyed all of my nephews property.

The owner of the building had let his buildings insurance lapse. The tenancy agreement states that the landlord would have buildings insurance.

My question is does my nephew have any legal rights with regards to the losses he sustained?

dacouch

What caused the fire ?

londondealer

Oh sorry it was due to dodgy electrics.

Quentin

If the landlord has been negligent, then he will be liable. (Irrespective of whether or not he is insured).

But if negligence cannot be proved, then he has no liability.

londondealer

Thank you Quentin. Do you mean negligence with regards to the electrical work or the lapse in buildings insurance?

londondealer

Ok I'm guessing you mean the electrical work?

Quentin

The buildings insurance is irrelevant, (though it may mean the landlord has no insurance cover at all to deal with any third party liabilities he has, and must personally pay out if found negligent).

It may be hard to prove the electrical work has been carried out negligently by the landlord.

But if there is any negligence that can be proved (by any party eg. the electrician), then the nephew can claim against them or their insurer.

maginot

londondealer wrote: »

Thank you Quentin. Do you mean negligence with regards to the electrical work or the lapse in buildings insurance?

It will be the electrical work. The buildings insurance would not have covered your nephews items anyway. He would have needed to have contents insurance.

However, as the poster mentions, the nephew may be able to claim against the landlord if you can prove he was negligent. But, be careful as this could be expensive if more than a small claims amount and there is no guarantee of winning.

londondealer

Thank you Quentin really appreciate your time.

londondealer

And you too Maginot.