Wall & gate blown down and hit car

[StageD]

Hey guys, hope someone can give us some reassurance here.

 

We've rented a new house. The back garden has a wall connected to a gate that is wide enough to let a car through, and part of the garden is used to store a car (LL used to store his boat there apparently).

 

In the high winds overnight the gate and wall have blown down and slammed into the back of the car we're storing there atm, smashing the rear light and ruining the bumper.

 

Are we right in thinking it's the LL's responsibility for the damage to our car, as well as securing the garden again?

[mariner51]

I doubt it, there has been a severe weather warning across much of UK for much of the last 24 hrs. He might have to repair the wall though, sounds like an Insurance claim. I take it car not insured?

[unclebulgaria67]

Agree you would have to claim off your Car Insurance if you have comp cover, but with the excess and future premium increases it may not be worth it. See if you can get a cheap repair done yourself.

 

The landlord will not be liable and they are probably not covered for the garden wall and gate damage.

 

The landlord should ensure that the wall and gate are repaired within a reasonable timescale to secure the property.

[f16]

StageD,

 

This is going to depend on what type of policy your LL has.

If the policy "excludes" boundary walls / fences, then no you can't claim on LL insurance.

 

However there will be a section in the policy that does apply.

Third Party Damages.

 

you (your car) being the Third Party.

 

I agree with post # 2 "severe weather warning".

 

This plays in your favour as "storm damage" is covered.

My advice is check with the LL to see what is covered and what isn't.

Then discuss the "route" forward.

Good Luck !!!!

[BankFodder]

Sorry, but I don't necessarily agree with most of this.

 

I think that you need to tell us something about the condition of the wall which fell down.

 

Was it in good condition? Did other walls of other houses fall down? If not why not? Is your wall and gate particularly exposed or is it simply that it was so poorly maintained that it simply wasn't up to the job.

 

It's clear to me that if you rent a property from a landlord then it has to be in reasonable condition – fit for its purpose.

 

When you can give some answers about the condition of the wall then we will be better placed to answer you. However, if you are thinking about renting their long-term and you want an easy life with a landlord then you would look at an insurance claim. On the other hand, if it is a lot of money and you're not bothered about your relationship with the landlord then you may want to challenge him. You should also investigate the landlords insurance.

[unclebulgaria67]

Sorry, but I don't necessarily agree with most of this.

 

I think that you need to tell us something about the condition of the wall which fell down.

 

Was it in good condition? Did other walls of other houses fall down? If not why not? Is your wall and gate particularly exposed or is it simply that it was so poorly maintained that it simply wasn't up to the job.

 

It's clear to me that if you rent a property from a landlord then it has to be in reasonable condition – fit for its purpose.

 

When you can give some answers about the condition of the wall then we will be better placed to answer you. However, if you are thinking about renting their long-term and you want an easy life with a landlord then you would look at an insurance claim. On the other hand, if it is a lot of money and you're not bothered about your relationship with the landlord then you may want to challenge him. You should also investigate the landlords insurance.

 

It is what is practical in this situation. Can the OP prove that there was a problem with the wall/gate that the landlord should have been aware of ? Was the OP aware of there being a problem with the wall/gate, as they are living at the property ?

 

If it is thought there was a problem with the condition of the wall, how will the OP go about proving this, without it costing them money ? Would the LL or their Insurers accept this proof and agree to pay for the damage to the car, without it becoming a saga ?

 

Speak to the LL to find out how helpful they are first, but be prepared to have to look at other ways to deal with the situation, as advised above.

[StageD]

Hey all, some wonderful replies with things I hadn't considered

 

The Car isn't insured as its off the road, it's a Celica that's been bought to do up nicely.

 

We've only been in the property just over a month, and though the gate has blown open once since we arrived we had secured it more firmly. It's a rather flimsy wood slats, connected to a Concrete block wall/pillar, just under a foot on each side. About a foot and a half tall of concrete has been torn off the pillar by the wind, we think by the gate managing to drag it off. It generally seems to be of poor construction/design, with whatever's holding the concrete blocks together being too weak or just poorly put together.

 

Got hold of the Estate agents today and they've said they'll get hold of the LL, they've agreed the wall will need fixing and repairing but weren't as forthcoming about the car. Might try and find out what the LL's insurance covers, can I request a copy of his insurance policy? Seems a bit of a DPAish issue to me but as we live here I'm sure I'm allowed some info on it, just not sure how much.

[f16]

I think I would write to the LL via the letting agent and enclose some photos of the damage. (Best to keep a paper trail)

That way you will get to deal with the LL directly with out having to go through the LA.

 

The damage to your property (Third Party) should be covered.

I suspect the rebuild cost of the wall will be down to the LL, because by the description you have given it will get rejected on the "wear and tear" exclusion.

[unclebulgaria67]

I think I would write to the LL via the letting agent and enclose some photos of the damage. (Best to keep a paper trail)

That way you will get to deal with the LL directly with out having to go through the LA.

 

The damage to your property (Third Party) should be covered.

I suspect the rebuild cost of the wall will be down to the LL, because by the description you have given it will get rejected on the "wear and tear" exclusion.

 

Depends on the terms of the policy, as to whether it covers liability relating to damage to tenants property.

[f16]

Depends on the terms of the policy, as to whether it covers liability relating to damage to tenants property.

 

I agree.....It will depend on the "Terms" of the policy. ..... But I've never seen that exclusion

[camptownraces]

How much damage are we talking about? hundreds or thousands of pounds to fix? What was the car worth, and what would it be worth in good condition?

 

Generally speaking, landlords cannot insure tenants' property on landlord's premises, not against theft, nor against accidental damage. It's up to the tenant to take out such insurance.

So, OP, have you insured your own belongings against theft and accidental damage? If so, you should claim on your own policy.

 

However, if OP is seeking to claim against landlord's insurance it would probably have to be a claim under his public liability cover. Such a claim would need to demonstrate that the landlord was in some way negligent.

 

Are there any photographs of the wall before it collapsed onto your car - pictures which could demonstrate that it was in poor condition, badly maintained? Any photos of the car before the storm?