Roof tile damaged my stuff

Michaelstocker02

I looking for some advice a tree in a neighbour's garden overhangs the boundary fence in February in hight winds it kept hitting the house and smashed some tiles of. I contacted my landlord who told me they will get the tree cut back to the boundary line to prevent any more problems with it hitting the house but this was never done. On Thursday we had hight winds again and the same tree hit the roof and smashed tiles of as a result a tile hit and cracked my kayak in the garden. I rang my landlord and he told me it's not there tree and it was a (act of God) so would have to claim on my own insurance. I don't know what to do it's a £300 kayak and don't know what to do next.

Had they cut the tree back I would not have happened and saying it was a act of God I can't see how that can be as it's happend previously and it was foreseeable that it would happen again.

Any advice would be great

Cakeguts

You claim on your insurance for the damage to the kayak and the landlord claims on his insurance for the damage to the roof.

If it was foreseeable that it would happen again why did you leave your kayak in a place where a tile could come down on it?

G_M

I believe you are right.

On the first occassion, the LL had no partticularr knowledge that there was a problem.

But having been informed, and taken no action, he is guilty of negligence.

Do you have a opy of the letter yyou sent him 11 month ago in February?
Do you have a copy of his reply?

You need to write o your landlord (yes, a letter! sent to the address on your tenancy agreement for serving notices).

* Give him the dates of the previous correspondance on this matter.
* enclose copies of that correspondance
* enclose the invoice for the kayak, or print out showing its replacement cost

Ask hiim tto
a) agree to reimburse you for the cost of the kayak and
b) take acttion over the tree

Request a response within a week.

However, there is a risk: he may conclude you are 'trouble' and decide not to renew your contract, or tto evict. What kind of contract do you have?

Having said that, there is some limited protection from the Deregulation Act 2015 S33.

Cakeguts

The trouble is how on earth can anyone prove that the tree caused the tile to come off the roof? Unless you actually saw it happen the tile could just have been dislodged by the high winds. Tiles come off house roofs in high winds without there being any trees nearby.

Thrugelmir

Michaelstocker02 wrote: »

Had they cut the tree back I would not have happened

As the tree overhangs the property boundary. You have the right under common law to prune the tree back.

CommitedToChange

"Had they cut the tree back I would not have happened and saying it was a act of God I can't see how that can be as it's happend previously and it was foreseeable that it would happen again."

So why did you leave your kayak underneath the spot if it was foreseeable it would happen again?

Claim off your insurance.

Davesnave

Michaelstocker02 wrote: »

I don't know what to do it's a £300 kayak and don't know what to do next.

Do some basic research on You Tube, then go to Halfords (other, cheaper stores are available ) buy some glassfibre matting, resin and hardener.... and mend it.

It'll be much quicker than farting about with landlords, insurers and God, none of whom is liable to admit responsibility!