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Ben Jones
Ben Jones, UK Lawyer
Category: Law
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I have a property that I let out. Recently during a storm,

Resolved Question:

I have a property that I let out.
Recently during a storm, a ridge tile slipped from the roof and hit the tenants car and caused some damage.
The property is insured but the insurance company tell me that the tenant has to claim on his car insurance and not through my policy.
Can he sue me personally for the damage ?
Submitted: 2 years ago.
Category: Law
Expert:  Ben Jones replied 2 years ago.
Hello, my name is ***** ***** it is my pleasure to assist you with your question today.
It is potentially possible to hold the owner of the building responsible but only if it can be shown that they had acted in a negligent manner. Whilst the storm itself is an act of God, what matters is whether the owner knew that the condition of the building was such that in a storm it was likely to be affected and damaged so that its structure could then cause further damage. Let’s say someone knows that the tiles on their roof are loose and that in previous storms they have blown off. If the owner knew of this and took no steps to try and repair the tiles or secure them and then a new storm blows them off again and causes damage then they could be held responsible. So it is possible that you as the owner could be held responsible but the tenant would need to prove that you were aware of the state of the roof and had not taken reasonable steps to try and deal with it.
Whether they actually go as far as claiming against you is another issue – they may ask you to pay, make threats, say whatever they want but unless they make a claim in court and win they cannot force you to compensate them.
I hope this has answered your query. Please take a second to leave a positive rating, or if you need me to clarify anything before you go - please get back to me and I will assist further as best as I can. Thank you
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