Insurance - House Fire in Rental Property

Arkmar

Hi there, I don't know if I have this in the right section but I'm sure there's a mod lurking around to tell me otherwise... My sister, her husband and their five children were left homeless last Wed due to a house fire in their rental property caused by a tradesman (engaged by the landlord) using a blowtorch on the roof to melt the felt to fix a leak. Anyway my sister subsequently lost the home she had been living in for 4 years along with her pet dog who died in the house and all of her possessions. Thankfully nobody was seriously hurt apart from some smoke inhalation and a week on they have found a rental property to move into. Unfortunately for them they did not have separate contents insurance as an occupier, the tradesman on the roof didn't have public liability insurance and her landlord has house insurance but no contents cover and will not claim anyway because he is pursuing the tradesman for the damages caused. In the mean-time, my sister has nothing but the clothes on her back. The community has been great helping out with clothes etc for the last few days but what recourse does she have regarding insurance claim now? What can she do? You know the way if someone who is uninsured crashes into you there is a state insurance to cover that, is there something similar for my sisters situation. We just don't know what to do, Any guidance here is appreciated.

wmpdd3

I dont think there is a similar fund.

I think she needs to speak to a solicitor.

Arkmar

She has contacted free legal AID (as she can't afford a solicitor, especially now) they have waiting times for an appt of 8 weeks, they said they could squeeze her in as it's an emergency in over two weeks time but they'll probably tell her to hire a solicitor too I suppose. Thanks though.

oldyouth

Speak to a solicitor but, to my thinking, the landlord could be seen to be partly negligent by engaging a contractor without verifying his insurance cover. The contractor was acting on behalf of the landlord and a chain of responsibility exists (IMO)

whomitconcerns

yep i would think you have no insurance cover. But would maybe have a case against the landlord for negligence...if thats a road you wanted to go...definitely you need legal advice

Cork Boy

You can only insure what you own and therefor you cannot pursue the landlord's insurance policy for your lost contents.

However, as others have said he may have a duty of care to use an insured contractor - as others have said, get professional advice.

That said, a standard tenancy agreement always states that the tenant is responsible for insuring their own possessions.

Finally, regarding the chain of responsibility there is an issue in law whereby if my housefire burns down your house next door you must claim off your own insurance policy. This dates back to the Fire of London where the courts ruled that the starting fire insurer can not be held liable for the bill for the whole of london

AudreyHepburn

I work in Insurance claims and this is a common problem ie tenants wondering who covers what in the event of a claim.

In general it falls to the Landlord to claim, either through his/her own Insurance or via the Third Party through a liability claim, for the Buildings aspect of the damage which he is doing here.

However his own policy may not cover faulty workmanship, as many household policies do not.

She could try to claim against either the landlord or the tradesman or both for the damages but she could only do this for her own contents.

As others have said she cannot claim for things she doesn't have covered.

And obviously she would need to be able to put together a good case for negligence....there would need to irrefutable proof that fire didn't start accidently.

There is not household equivalent of the Motor Insurance Bureau which caters for uninsured drivers.

Her best option might be to seek legal advice.