Neighbour dispute insurance involved

MalMonroe

antoniamc said:

My landlord house insurance claim it's my liability as stated in tenancy agreement to report fault to property.

The wall is on my property line but I have raised the fact my neighbour who parks alongside this wall daily could have reported any damage especially as my landlord is also their landlord.my landlord owns both property's.

See my comment above. Doesn't matter what your agreement says. It's up to your landlord to maintain walls.

Vectis

The OP doesn't state how or why the wall was damaged enough for it to fall. Also, I'd question how a LL is expected to know that the wall was unsafe considering that inspections might be only every 6 months and sometimes 12 months? Let's be honest, many tenants complain if inspections are done too often. Perhaps the OP can say when the last LL inspection was?

Most tenants would report an unsafe wall to their LL - you would assume a wall which is liable to fall down would show some signs of cracking/leaning/bulging etc and would be noticeable at some point. It's very rare for a wall to collapse without any visible signs prior to the collapse but it might happen.

If the LL has missed noticing it at a recent inspection I would say it was down to them. If it's been 6 months or a year since an inspection, and the wall didn't suddenly decide to fall over by itself, I'd suggest that the tenant(s) could and should have said something to warn the LL. The LL can't know there's something wrong with the property in between inspections unless they are told. Most LLs don't have magical powers that would enable this to happen.

Neil49

MalMonroe said:

antoniamc said:

My landlord house insurance claim it's my liability as stated in tenancy agreement to report fault to property.

The wall is on my property line but I have raised the fact my neighbour who parks alongside this wall daily could have reported any damage especially as my landlord is also their landlord.my landlord owns both property's.

See my comment above. Doesn't matter what your agreement says. It's up to your landlord to maintain walls.

I agree. 

Additionally, if the OP says that he never noticed anything was wrong with the wall until it fell down then how could he be expected to have reported a fault before that time.

I think the landlords insurance company is trying it on. Just say that as far as you were concerned there was nothing wrong with it until it fell over - end of story.