Insurance lapsed

227Glenshane

Hi folks - major problem here - own a house in Newry, NI which I rent out, which had a minor fire this year. Turns out the builder had left a load of rubbish under the hearth and when the tenant lit the fire it went up. No fire damage just a lot of smoke in the house.
Spoke to tenant - no problems - few months free rent no issues. We have a good relationship
Problem has been next door which had some smoke in it as well - went under the floorboards to next door.
They have now claimed for smoke damage under their insurance and held me liable. Major problem though is that my landlord insurance had lapsed and house was not covered. So now the insurance company next door are looking for their money from me!
Have I any comeback here - the house was built approx 14 years ago - not sure when the fireplace was put in....
Thanks a mill in advance

Quentin

The problem was not caused by your or your tenants negligence.

Explain that to the insurer now trying to claim off you and that will hopefully be the end of it.

( To be liable your negligence would have to be proven in court)

227Glenshane

Thank you so much for your reply Quentin - this has been a huge relief for us.
We contacted the solicitor who is dealing with the case on behalf of the insurance company who said that negligance is not a defence - it came from our property and that is the end of it. My own solicitor is struggling to find anything as well but has offered the advice of a barrister for £300 and his fee of £200
Have you any advice for best way forward with this - really appreciate it!

teddysmum

Would it not be better to ask the neighbour the price of putting right their damage , as redecorating may be cheaper than hiring a legal team, with other costs ?

teddysmum

I wonder how this would compare with a car accident ,for instance, where the handbrake cable on one car snapped, causing it to roll into and damage another car.


This wouldn't be the fault of the moving car's owner, so would the other owner have to claim off their own policy or would their insurers / themselves refer to the insurers of the damaging car's owner ?

glentoran99

It would be claimed off the insurance of the offending car

Quentin

glentoran99 wrote: »

It would be claimed off the insurance of the offending car

It would be a similar scenario - you would still need to prove that the damage was due to negligence.

If there was no negligence then you have to swallow the costs yourself or claim off your own policy ( assuming it was a comprehensive policy)

rs65

227Glenshane wrote: »

We contacted the solicitor who is dealing with the case on behalf of the insurance company who said that negligance is not a defence - it came from our property and that is the end of it. My own solicitor is struggling to find anything as well

http://www.willans.co.uk/news/article/are_you_liable_for_fire_damage_to_your_neighbours_property/

The decision clarifies that although it is possible for damage caused by fire stemming from an adjoining property to fall within the Rylands v Fletcher rule, such a case is likely to be rare. In practice, it will be very difficult to succeed in a claim for fire damage without proof of negligence.

Aretnap

rs65 wrote: »

http://www.willans.co.uk/news/article/are_you_liable_for_fire_damage_to_your_neighbours_property/

The decision clarifies that although it is possible for damage caused by fire stemming from an adjoining property to fall within the Rylands v Fletcher rule, such a case is likely to be rare. In practice, it will be very difficult to succeed in a claim for fire damage without proof of negligence.

Another write up of the same case here

http://constructionblog.practicallaw.com/strict-liability-for-the-escape-of-fire-after-stannard-v-gore/

This comes with a caveat though - IIRC English court precedents are not always transferable to Northern Ireland. Like Scotland, NI has its own legal system and its courts can and sometimes do differ from English courts on matters of common law. There may also be different statutes to consider.

rs65

Noted but Scots Law is fundamentally different. NI system is very similar to E&W. NI Orders implement E&W statute, usually with a few months delay. I don't know how persuasive Court of Appeal decisions are though.

dauphin

The Accidental Fires Act (Northern Ireland) 1944 states that legal proceedings shall not be brought against the person on whose land a fire started unless he was negligent or brought a dangerous thing onto the land.

http://www.legislation.gov.uk/apni/1944/5/section/1

This appears to confirm that the law in NI is much the same as in England & Wales.

I would be referring the neighbour's insurers to that statute and asking them, in the light of it, to confirm that their claim is withdrawn.