News from the Community
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.