In Cornwall we are no stranger to stormy winter weather, but storm Goretti, Ingrid and Chandra have given us a particularly severe pasting recently.  As the clear up continues, many property owners are left wondering about liability for storm damage, who is responsible for the damage, and how to go about making a claim.

Storm damage quite often leads to disputes due to uncertainty over responsibility for repairs, the destruction of fences and damage caused by fallen trees from a neighboring property. 

Disputes and litigation Solicitor Tegan Pownall answers some FAQs on this topical subject.

Am I liable if my property causes damage to my neighbour’s property e.g. a roof tile or falling tree?

Storms tend to be termed ‘Acts of God’ but you could potentially be liable if a known defect existed e.g. a loose tile, or if negligence can be proven, such as not securing items which are known to cause problems like large trampolines, or not ensuring that a tree is stable enough not to fall (especially if concerns have previously been raised about it).  Property owners, landlords, and councils with responsibility for council houses, have what is called a ‘duty of care’ to maintain properties.

Who is responsible for repairing a damaged fence between our properties?

Liability for storm damage will generally depend on ownership which can be a dispute in itself.  Check your title deeds to be certain, but if the fence is within your boundary, then you would usually be responsible for its repair.  If it is on the boundary itself, then responsibility for repair or reinstatement will generally fall to the property owner, who is responsible for maintaining that boundary. Sometimes, neighbours will share responsibility, particularly if one owner wants a more robust replacement than the other.  Read our blog on boundary disputes here.

Who pays for damage to a neighbour’s property?

Generally, the person whose property is damaged should first claim on their own home insurance or motor insurance (if vehicles are damaged).  The insurer will then decide whether they want to pursue the neighbour (or their insurer) in question, especially if there is evidence of negligence. If there is any shortfall between what the insurance will pay out and the actual cost of repair, it would be for the person with the damage to prove that the other property owner was negligent in not putting measures in place to prevent the damage.

Are tenants or landlords responsible?

Tenants are responsible for their contents which would be covered by their contents insurance but must inform their landlord of any damage to the property.
Landlords are responsible for the building’s structure and major repairs which are covered by their building’s insurance.  Tenants can become liable if they fail to report damage and don’t report a known issue.

What should I do following storm damage?

Make temporary repairs if it is safe to do so.
Document damage with photos and / or videos before any repairs are carried out.
Contact your insurance company as soon as you can, use their 24 hour helpline if necessary.
Keep records of all communication as well as invoices for repairs.

You may find this web page helpful which covers FAQs about storms and insurance from the Association of British Insurers.

Get in touch

If you need help with a boundary dispute or issues around liability for storm damage, our friendly and experienced disputes team would be pleased to hear from you.  You can reach us on 01872 241408 or email info@penderlaw.co.uk