Fallen Tree

[Alexmark0]

Can anyone please help me. In march of last year the letting agents did a six month inspection on my rental. At the inspection I pointed out a dead tree in the front garden and aske that they do something with it. I live next door to a school and was worried that it could lose a branch and hit a student. Fast forward to July and my son returned from his trail ride on his mountain bike and before washing it off he propped it up in the garden. The day was calm and sunny. He came in for a drink and while we were stood talking the tree fell over and crushed his bike and back pack containing his laptop.

I called the letting agents who told me to claim on my contents insurance. Having spoken with them they told me I was not covered for falling trees and that should be covered by my landlord. Once again I contacted the letting agents who said they would contact the landlord and ask them for their insurance details. Once again they returned with tell your insurance company and fill in a claim and they will contact the landlords.

I pushed and eventually got the telephone number of the landlords insurance company. I culled them to be told that as the landlord was not informed of the issue with the tree being dead they was not liable for any damage. I was informed I should take it up with the letting agent who is their agent.

My contract states that I am to inform the letting agents of any problems and they will inform the landlord. I have no contact details for the landlord at all. Despite several requests for the landlords address, I have been declined the information stating that they do not have to give it to me. I sent a letter 3 weeks ago asking for payment for the damaged goods and if not paid in 14 days I would issue legal proceeding's.

As of today I have heard nothing at all. Can I issue court proceeding's against my landlord using the letting agents address? Am I right in trying to recovery my costs in this case?

Any help would be appreciated.

[Pezza54]

Who arranged and paid for the fallen tree to be removed? Did you take photos of the damage at the time?
Your landlord's property insurance should be responsible for paying for the damage provided the landlord has valid insurance and makes a claim. The tree was on the landlord's property.
If the agent's name and address is on the tenancy agreement and they are acting to protect the landlord you can start a court claim against the agent as if they are your landlord.

[R0b]

The landlord's insurer is fobbing you off in my opinion. Yes your contract is with your landlord but the letting agent is acting on behalf of the landlord and your contract says as much. Everything has to be reported to the letting agent who will then have a duty to report it to the landlord, that's what the landlord pays them for!

If the landlord was not aware because the letting agent failed to inform the landlord, that isn't your problem. The landlord would have to counterclaim against the letting agent for negligence if not breach of contract.

Contrary to what Pezza says, I'm no not certain you have a claim against the letting agent as they are simply acting as an agent of the landlord.

[atticus]

I agree with R0b, including his last paragraph.

[Pezza54]

It is illegal for the agent to withhold the name of the landlord when requested by the tenant. The tenant is entitled to withhold rent until the agent provides the landlord's name

[Huxie]

It is illegal for the agent to withhold the name of the landlord when requested by the tenant. The tenant is entitled to withhold rent until the agent provides the landlord's name

Shelter has some details and a template here:
https://england.shelter.org.uk/housi...and%20address.

Not too sure about witholding rent mind.

[des8]

Landlord and tenant act 1987 sec 48:
(1)A landlord of premises to which this Part applies shall by notice furnish the tenant with an address in England and Wales at which notices (including notices in proceedings) may be served on him by the tenant.

(2)Where a landlord of any such premises fails to comply with subsection (1), any rent [F1, service charge or administration charge] otherwise due from the tenant to the landlord shall (subject to subsection (3)) be treated for all purposes as not being due from the tenant to the landlord at any time before the landlord does comply with that subsection.

(3)Any such rent [F2, service charge or administration charge] shall not be so treated in relation to any time when, by virtue of an order of any court [F3or tribunal], there is in force an appointment of a receiver or manager whose functions include the receiving of rent [F4, service charges or (as the case may be) administration charges] from the tenant.


The address does not need to be the Landlord's own address, but solely an address for service of suit (so the agent's address would be sufficient)
Also if rent is with held until such an address is supplied, then when the address is supplied all the withheld monies are due.

See also sec 47

[echat11]

'I called the letting agents who told me to claim on my contents insurance. Having spoken with them they told me I was not covered for falling trees and that should be covered by my landlord.'

Most buildings / contents insurance polices would cover the above event.

[atticus]

This is the section that makes it an offence not to disclose the landlord's name and address: https://www.legislation.gov.uk/ukpga/1985/70/section/1

[des8]

The sections I quoted were to clarify Pezza54 's comment about withholding rent if landlord's name and address not supplied
The legislation referred to by atticus makes it a criminal offence to withhold that information

I wonder how many tenants would initiate a private prosecution

[echat11]

The sections I quoted were to clarify Pezza54 's comment about withholding rent if landlord's name and address not supplied
The legislation referred to by atticus makes it a criminal offence to withhold that information

I wonder how many tenants would initiate a private prosecution

Private Prosecutions are 'expensive', not to be taken lightly, you really need 'funding' to embark on that journey, it is a specialist area.

https://www.gov.uk/government/public...e-prosecutions

[atticus]

Prosecutions are not solely brought privately.

[des8]

Prosecutions are not solely brought privately.

never suggested they were

[des8]

Private Prosecutions are 'expensive', not to be taken lightly, you really need 'funding' to embark on that journey, it is a specialist area.

https://www.gov.uk/government/public...e-prosecutions

hence my meanderings!

[atticus]

I think it was echat11 who suggested it, not never.