Know your rights when storms like Eowyn wreak havoc

Storm Eowyn wreaked havoc across Scotland, leaving property owners and tenants grappling with damage to homes, flats, and surrounding structures. If your property has been affected, understanding your legal rights could be crucial when navigating insurance claims, shared responsibilities, and disputes.

The first port of call is to review your insurance policy. Most standard buildings and contents policies should cover storm damage, but insurers often dispute claims by arguing damage resulted from pre-existing conditions or wear and tear rather than the storm itself. Policies may also have specific definitions of what constitutes a “storm,” adding further complication.

Document all damage, including photographs and videos, and report the damage to your insurer as soon as possible. Keep records of all communication. If your insurer rejects your claim, seek legal advice. You may be able to challenge their decision if you have evidence to support your claim and demonstrate that damage was directly caused by the storm. Understanding the specifics of your policy is paramount.

Fraser Napier is an Associate, Anderson Strathern

For those in shared properties, such as flats, communal repairs often raise questions. Under Scots law, title deeds typically outline who is responsible for repairs, but disputes can arise when deeds are unclear or co-owners disagree. The Tenements (Scotland) Act 2004 provides a framework for determining liability, often requiring owners to contribute proportionally. This Act also addresses decision-making processes for repairs, including dealing with a lack of agreement. It's crucial to communicate effectively with co-owners and, if necessary, seek professional guidance from a solicitor or property manager to interpret the title deeds and the Act. This will ensure repairs are carried out efficiently and fairly.

Mediation can be useful in resolving disputes before they escalate. If a co-owner refuses to contribute their share, legal action may be necessary to recover the debt. Understanding the responsibilities outlined in the title deeds and the Act is essential for harmonious co-ownership.

Property owners also have a duty to ensure their property does not pose a danger to others. If damage from Storm Eowyn – such as a falling tree, or loose roof tile – harms a neighbour or their property, you could face liability claims. While storm damage is generally seen as an unforeseen event, liability can arise if damage was foreseeable, and you failed to take reasonable preventative measures. If you feel damage to your property has been caused by a neighbouring property, such as an unstable wall, overhanging tree, or poorly maintained structure, you may be entitled to seek compensation. It’s advisable to document any potential hazards on neighbouring properties and communicate concerns to the owner in writing.

Tenants, meanwhile, have specific rights under the Housing (Scotland) Act 2006. Landlords are legally required to ensure rental properties meet the “repairing standard,” including being wind and watertight. After significant weather events, landlords should act promptly to inspect properties, carry out necessary repairs, and ensure tenants’ safety. Failure to do so could lead to claims against them by tenants through the First-tier Tribunal for Scotland (Housing and Property Chamber). Tenants should report any damage to a landlord in writing as soon as possible, keeping records of all communication. If a landlord fails to carry out necessary repairs within a reasonable timeframe, tenants can apply to the First-tier Tribunal for an order requiring the landlord to do the work.

Storm damage often brings complex, unexpected legal challenges. Whether you need help with insurance claims, co-owner disagreements, or landlord/tenant disputes, your legal adviser can provide practical and effective support.

Fraser Napier is an Associate, Anderson Strathern