” 30ft tree through our conservatory !” We warned the agent, what are our rights as our possessions are damaged ? | The Tenants' Voice
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" 30ft tree through our conservatory !" We warned the agent, what are our rights as our possessions are damaged ?

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1749 views 2 replies latest reply: 20 January 2014

Hi, any advice would be greatly appreciated !
Our house is in receivership ( we have been renting for 4 years ) its managed by a national management company based in glasgow, they took over 1st may 2013 from another large management company… We advised during a mid-term inspection back in June 2012, we had a very large dead tree, and if it was to fall, it would fall through our conservatory. During Monday’s storm it did.

It’s caused considerable damage to the roof, 3 very larges roof panels collapsed… fortunately the structure seem ok, but we have lots of glass and debris everywhere. We are still waiting for emergency repairs to be carried out a week later, the 2.5 tonne tree is still through the roof, we have had contractors round to quote to remove the tree and others to quote for repairs ..but nothing has been actioned yet.

Our possessions have been damaged, and they remain in situ it’s .. very dangerous. An expensive desk is covered in glass, and has sustained considerable water damage, 2 boxes of toys and clothes are also covered in shattered glass. The managing agent has told us to claim from our household insurance for the damage.

Where do we stand ? we advised the managing agent at the time the tree was dangerous, we hold a copy,plus a email which outlines our concerns, back in 2012. The new agent says they never received or have any correspondence from the previous agent, this is false, the last agent confirmed to us in writing they sent it over, with the date they sent it.

In the light of this happening, I have asked the agent why when they took over the management they didn’t carry out any inspection themselves, they say they never do, and don’t unless a problem is reported to them.

Surely this was a ‘health and safety issue’ overlooked, we have two very young children who just by chance weren’t in the lounge at the time. At the very least since our possessions have been damaged, through no fault of our own, why should we claim from own insurance, our claim will be in the region of 3k.

We have not been advised ” who the actual ” landlord is now, but we do know that it is a UK bank.

Any expert advise out there would be great ? Many thanks folks.

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Firstly, the situation with the tree is a danger to you and your children so you should go to your local council, armed with the documents you have in relation to reporting the tree to the previous agents and their response re the other letting agents. The damage to the roof and any structural damage will be the responsibility of the landlord to repair. You need a visit organised for health and environment to inspect or the health and safety executive. The council will arrange that for you.

Secondly, you have a legal right to know the name, address and contact details of your landlord under section 1 of the Landlord and Tenant Act 1985. If the letting agent collects your rent or manages your rent payments they have a legal obligation to provide you with those details within 21 days. It is a criminal offence for them not to provide you with this information. These cases are prosecuted by your local authority (not the police) so whilst you are down there having a word about the tree, tell them about not knowing who your landlord is.

Finally when you know who your landlord is, write a letter outlining all the problems that you have including that of the insurance claim since it was the landlord’s negligence that allowed the accident to happen. If you make a claim on your insurance your premiums will go up and so you might want to suggest in the letter that you are considering consulting a no win no fee solicitor to make a claim for compensation against the landlord. This should prompt a rapid response especially if the landlord is a bank. They have had enough bad publicity in recent times


Have you been here to get the name and address of your landlord? Assuming they are registered with Glasgow City Council. The fine for non registration is 50K. (really!) https://www.landlordregistrationscotland.gov.uk/Pages/Home.aspx

You can also go to Registers of Scotland for the name and address – but it costs £11. http://www.ros.gov.uk/customerservices/searchform.html

Then you must query their insurance situation and suggest that you will sue them in the Sheriffs court for damage to your belongings, if they do not reply to you within 7 days to propose an alternative settlement. Tell them what sum you’re looking for.

You don’t have to accept any offer they make, if you don’t think it’s not good enough, but landlords can and do happily serve eviction notices to tenants who try to enforce their rights, so you might want to keep this in mind.

Not to say that always happens, and any eviction notice (section 21) is only that, and only if and until the landlord takes the matter to court to seek repossession of the property can you then be told – by the court – to leave. The whole process might take 4 months.

Take pictures as your evidence of damage aswell (if you haven’t done so already) and consider sueing aswell for the danger you were put in here?

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