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UKSolicitorJA
UKSolicitorJA, Solicitor
Category: Law
Satisfied Customers: 4312
Experience:  English solicitor with over 12 years experience
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Dear sirs, I have property which is a leasehold, it is

Resolved Question:

Dear sirs,

I have property which is a leasehold, it is a purpose built property with four flats, two 1st floor and two ground floor. The flat we own is one of the first floor flats and is rented.

Over the period of strong winds some masonry fell from the chimney and loosened a satellite dish that had been installed prior to us owning the property. The masonry fell onto a car parked on the ground floor flats below space causing minimal damage, the main claim is the sun roof which he says now let water in. The space in on property owned by this apartment, however the car is owned by a guy renting the property next door who has an arrangement to park his car there. However this car is not insured.

He is now asking us for money to repair his car as the satellite dish on the chimney that was there before we brought the property but installed by the previous owners, (however this is not being used) is his reasoning that it is our responsibility and not the owner of the apartment where he parks the car.

With regard to insurance, there is no group insurance for the building as only ground rent is charged by the leaseholders and therefore insurance is the responsibility of each flat. We have buildings insurance just to cover the first floor apartment.

The leaseholders have confirmed the roof is a shared area with all 4 properties and any repairs should be shared.

Can you please confirm the following:

1) Are we liable for the damage taking into account the satellite dish.
2) If there re costs for repairing the chimney would these costs be shared by all 4 parties?
3) AS the car was parked on the land owned by the property below and the roof is a shared area are they responsible
4) AS the satellite dish was installed prior to us owning the flat and not on the inventory list are we responsible for it


Kind regards

Daymonde
Submitted: 3 years ago.
Category: Law
Expert:  UKSolicitorJA replied 3 years ago.
Hello,

In response to your queries:

1) Are we liable for the damage taking into account the satellite dish. No, this was an act of God and as such, it was not in your control.
2) If there re costs for repairing the chimney would these costs be shared by all 4 parties? if the chimney is part of the roof, then yes as the responsibility for the roof is shared amongst the 4 flats.
3) AS the car was parked on the land owned by the property below and the roof is a shared area are they responsible. the damage to the car was caused by an Act of God and as such should be down to the car owner. However, if the chimney was on the roof and the roof is shared responsibility, all 4 leaseholders may share the costs of the damage to the car if they wish to, out of goodwill.
4) AS the satellite dish was installed prior to us owning the flat and not on the inventory list are we responsible for it. Yes, it does not matter that it was there before you purchased the flat and is not listed on the inventory, you are still liable for it.

However, like I have said, this whole event was caused by an Act of God and as such you could argue in court that the situation was out of your control and you are therefore not liable.

All the best
Customer: replied 3 years ago.

Hi,


 


Thanks kindly. The owner of the car is talking about now taking legal action and has left the car on the spot since the occurrence claiming the leak has now caused damp in the car and is basically saying it is now a write off due to the damage as we did not agree to pay him GDP500 at the beginning for repairs. Its a foreign car and has no insurance.


 


To be clear then, as this is classed as an act of god then there is no liability as if this goes to court as i suspect he will try and claim for stress, loss of the car etc.


 


It was his responsibility to have insurance and as he did not then with this being an act of god the liability does not lie with myself or the owner of the flat where the car was parked.


 


Rgds


 


Daymonde


 

Expert:  UKSolicitorJA replied 3 years ago.
Yes, correct, it was an Act of God and as such not your responsibility.

In fact, if he has not made a statutory off road notification (SORN) to the DVLA, he has committed an offence by not insuring the car.

You should check with the DVLA if the car has been SORN'd. Even if his car had insurance, the insurance would not cover the Act of God damage unless he had specifically got Act of God cover added.

All the best

Customer: replied 3 years ago.

Hi thanks for this.


 


The guy is persistent with me as I am the only owner he can get hold of. I have given him details of the owner where he parked the car but the guy is ignoring him and not replying for obvious reasons. Apologies to ask the same question but he is now wanting to go to court, he is citing the satellite dish was not fitted correctly and this is why the bricks fell. He is only going for me as he thinks as the satellite dish wire went to my apartment its my responsibility.


 


Question is:


 


1) Would they have a case to say the dish was not fitted properly and that's why the masonry fell? He cites other dishes have not been damaged.


2) If it goes to court would he have a case to say he has been stressed by the incident, loss of car etc. I know these ambulance chasers try and claim for all sorts now. He has already said this prevented him fro seeing his family at Christmas.


3) He is asking for my insurance policy and an address in the UK. (I don't live in the UK currently). I am assuming I would not put this through my insurance as he was not insured in the first place.


 


I want to send him one final email to say this is the legal advice, its not my responsibility, please stop harassing me and if you want to go to court that's your decision.


 


If he does go to court want to be sure that i am not in the wrong here and could be liable.


 


Regards


 


Daymonde


 

Expert:  UKSolicitorJA replied 3 years ago.
Hello again,

If the satellite dish was not fixed properly and the incident was not caused by an Act of God, then you could be liable but it is for him to prove this.

No, he cannot claim for all stress etc.

You do not need to give him these details.

In fact you may just ignore him as have the other people and let him take the matter to court if that's what he is really after, he could be calling your bluff.

All the best
UKSolicitorJA, Solicitor
Category: Law
Satisfied Customers: 4312
Experience: English solicitor with over 12 years experience
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