Tree in garden

[Kimmi]

Hello
2 trees have fallen down in my garden due to the recent torrential rain and one has fallen on top of my gazebo. The gazebo is the type that has a metal frame with a canvas roof.
As my landlord is responsible for the trees should he replace my gazebo?

[des8]

Re: Tree in garden

Not necessarily!

You would need to show the trees had not been maintained properly (i.e. were diseased, rotten, dead dying or decayed before they fell) and so your landlord had been negligent.
If the trees were in good condition you should be making a claim under your insurance policy.

[Kimmi]

Re: Tree in garden

Thanks des8 yes they had both been diseased and were dead, which the LL knew about. I think that he has had a tree surgeon say to him that the trees were not going to fall down but that the branches would gradually fall off and the trunks remain.
I know that LL won't have a problem sending some one to cut them up and take them away but I'm worried that he will try to get out of replacing my gazebo.

[des8]

Re: Tree in garden

So request the landlord replaces your gazebo which has been damaged by his trees (which he knew were diseased) falling.
No need to mention the weather conditions, as he might try and claim "Act of God", but we can deal with that if it arises