Fraser Napier
- Associate
Insights | Residential Property
Weathering the storm: your rights after storm Eowyn
27 January 2025
Storm Eowyn has 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 issues such as insurance claims, shared responsibilities, and disputes.
Review your insurance policy
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 that 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.
For those in shared properties, such as flats, communal repairs often raise questions. Under Scots law, the 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.
Property owners
Property owners also have a duty to ensure their property does not pose a danger to others. If damage caused by Storm Eowyn – such as a falling tree, damaged fence, 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 the damage was foreseeable, and you failed to take reasonable preventative measures. Likewise, if you feel that 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.
Tenants
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 like Storm Eowyn, landlords should act promptly to inspect properties, carry out necessary repairs, and ensure tenants’ safety. Failure to do so could lead to claims being brought against them by tenants through the First-tier Tribunal for Scotland (Housing and Property Chamber).
How we can help
Storm damage often brings complex and unexpected legal challenges, but you don’t have to face them alone. At Anderson Strathern, we have extensive experience in property litigation and dispute resolution. Whether you need help with insurance claims, co-owner disagreements, or landlord/tenant disputes, we are here to provide practical and effective support.
If you have any questions or require legal advice on any of the topics discussed in this article, please get in touch with Fraser Napier at fraser.napier@andersonstrathern.co.uk.
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