Property damage/liability angst

Sep 10, 2008 13:22

I've crawled out of lurkerdom to ask the bastions of LJ for some advice ( Read more... )

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Comments 4

darkstones September 10 2008, 13:33:57 UTC
Assuming that it's not a communal roof, my understanding of the law is that you can't compel her to do the repairs, but you can pursue her for the costs of any damage caused by her negligence. However, to do this you have to prove that she is aware of the leak and has done nothing about it, as otherwise it's 'accidental damage' rather than negligence. I'd advise having a solicitor send her a letter. Also inform your insurance company that you are doing this - they should cover any damage to your property, and may wish to counterclaim against her insurer. You should include any excess you pay to your insurer in a claim against your neighbour.

Hope that helps.

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red_devil_diva September 10 2008, 14:47:46 UTC
Thanks!

Will nag the insurance company again.

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halocaustic September 10 2008, 14:41:10 UTC
Your local Environmental Health department can force her to get it repaired as it's a health risk.

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red_devil_diva September 10 2008, 14:48:12 UTC
Ta!

I'll give them a try again.

*Sigh*

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