News from the Com­mu­nity

Elite Property Manager - - Contents - EBMs ad­vice about in­sur­ance is pro­vided for your gen­eral in­for­ma­tion and does not take into ac­count your in­di­vid­ual needs. You should read the Prod­uct Dis­clo­sure State­ment and Pol­icy Word­ing prior to mak­ing a de­ci­sion; these can be ob­tained di­rectly from

Un­for­tu­nately what your landlord may see as ‘ma­li­cious’ dam­age may be some­thing sub­stan­tially dif­fer­ent in the eyes of an in­sur­ance com­pany, or for that mat­ter the law. It’s not that they are try­ing to avoid a claim but the ac­tual cause of the dam­age can be ex­tremely im­por­tant in re­gard to the cover pro­vided, which varies from pol­icy to pol­icy.

Do you know the dif­fer­ence when your landlord screams ‘ma­li­cious’?

IN­CI­DENT 1: I gave my tenant an ar­rears no­tice so they punched holes in the wall in anger.

As the tenant would ap­pear to have ‘ma­li­cious in­tent’ in dam­ag­ing the walls this should be re­ported to the po­lice and should cer­tainly be classed as ma­li­cious.

IN­CI­DENT 2: Look at the walls. I didn’t give them per­mis­sion to hang pic­tures.

The ten­ants’ in­tent was to dec­o­rate their home, not specif­i­cally to cause dam­age, so can­not be classed as us­ing ‘ma­li­cious in­tent’. This would more likely to be clas­si­fied as ‘de­lib­er­ate’ and the landlord will need to make sure their pol­icy in­cludes this.

IN­CI­DENT 3: I can’t be­lieve it!!! They’ve had a din­ner and spilt red wine over my brand new car­pet!!!

It may be costly to re­pair but it was un­likely to be ma­li­cious or even de­lib­er­ate. This will fall un­der “ac­ci­den­tal” dam­age and as with de­lib­er­ate, the landlord needs to make sure their pol­icy will cover it. Many don’t.

The tenant’s in­tent be­hind the dam­age can be the dif­fer­ence be­tween a claim be­ing paid or not. Ex­cesses will also of­ten vary de­pend­ing on the type of tenant dam­age you ex­pe­ri­ence.

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