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Ash
Ash, Solicitor
Category: Property Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I rent a house under an assured shorthold tenancy agreement.

Customer Question


I rent a house under an assured shorthold tenancy agreement. In my garden I have a climbing frame but a tree in the garden (Landlords garden and tree) blew over and has crushed the climbing frame. My Landlord is saying he is not liable cost of its replacement as his insurance policy does not cover it and i should have had it covered under my contents policy. Please advise
Submitted: 2 years ago.
Category: Property Law
Expert:  Ash replied 2 years ago.
Alex Watts : my name is ***** ***** I will help you with this.
Alex Watts : Hiw much is the replacement please?
JACUSTOMER-t5ragoq2- :

Approximately £1750.00

Alex Watts : You need to write and set out your losses and request a refund within 14 days or say you will go to Court within 14 days. You should make sure you send this signed delivery and keep a copy
Alex Watts : If they do not refund you then you can issue proceedings in the County Court. You can either do this online at: www.moneyclaim.gov.uk or by completing form N1 http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n001-eng.pdf and take it to your local County Court
Alex Watts : The Court will then issue a claim which a copy will be sent to the Defendant who will have a limited time to defend it, if not you can enter Judgment and enforce.
JACUSTOMER-t5ragoq2- :

Thank you but under what grounds can i claim against the Landlord or his insurer.

Alex Watts : If the claim is for £10,000 or less it will be a small claim so you will not need legal representation. Over this value you would need representation .
Alex Watts : Can I clarify anything about this today please?
JACUSTOMER-t5ragoq2- :

No I appreciate this but is it negligence or is there some sort of liability landlord to be responsible tree even if it was damage as a result of a storm

Alex Watts : Had it not been tree then the accident would not have happened.
Alex Watts : Therefore the landlord is liable.
Alex Watts : Does that help?
Alex Watts :

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