Friday, 7 February 2014

Flood Risk - Legal Issues

Director and head of the Agriculture department Mark Evans has produced an article detailing the possible implications of the recent flooding that has hit the UK.

'Flooding is a growing risk for property owners, occupiers and businesses. Aside from the physical damage caused by floods there may be future implications in obtaining a mortgage or selling/leasing a property. It may not always be obvious that a property is at risk of flooding. Properties at risk need not be close to a sea or river or on low ground. Surface water, groundwater and overflowing sewers are increasingly common causes. You can obtain information about flooding risk from government agencies such as the Environment Agency or Natural Resources Wales, your local authority and from specialist search providers.

The most important document to review is your Insurance policy relating to your home, possessions or business. If your property, possessions or business are damaged you may need to claim on your insurance and so it is essential to establish what is covered.  For those renewing a policy you may want to investigate the terms on which insurance is available from a number of different insurers. In the absence of insurance you may be eligible for help from the State in emergency situations.

If applicable you should review your lease or tenancy agreement. If you are a Landlord or Tenant what does the wording of your lease say if the property is damaged, becomes uninsured or you are made homeless. You may be liable to make good any flood damage depending on the wording of the lease.

If you are encountering any problems or require any guidance early legal advice is recommended.'

If you would like any more advice on this issue or any other query, please contact Mark or another member of our team.

 Chester - 01244 312166  Wrexham - 01978 291000  Llanrwst - 01492 641222

Mark Evans, Director and head of the Agriculture department at Allington Hughes Ltd

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