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UKSolicitorJA
UKSolicitorJA, Solicitor
Category: Law
Satisfied Customers: 4312
Experience:  English solicitor with over 12 years experience
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I have tiles that are unsecured. During the recent high winds,

Customer Question

I have tiles that are unsecured. During the recent high winds, a tile and guttering dislodged, damaging my car. My landlord commented that 'Tiles are always falling from that side of the building when it is windy!'
My landlord has said that his insurance doesn't cover 'acts of God' and that he accepts no liability for damage to property in the driveway, as it is for convenience. I feel, however, that the landlord has been negligent. Can I recover costs for the damage?
Submitted: 3 years ago.
Category: Law
Expert:  UKSolicitorJA replied 3 years ago.
Hello,

It depends.
If you are able to prove that your landlord was indeed negligent and that the tiles were not secure enough to withstand high winds, then yes, you should be able to recover damages from the landlord in court.

If however you have no proof that the landlord was negligent and that the tiles blew away as a result of an Act of God, then your landlord will escape liability.

However, it seems that your landlord admitted about the tiles blowing off from time to time in high winds and should have done something to make them more secure, so the courts may not buy his Act of God defence as he was on notice and it was reasonably foreseeable that the tiles could blow off in high winds, as admitted by him.

In my opinion, yes, you may recover damages in court and you may make a claim for money online at www.moneyclaim.gov.uk

Hope this helps