Tenant set fire

ekkygirl

Hi, I am hoping someone will be able to advise me of any liaibility to me, for damage caused by my tenant.
What has happened is that he has had a fire in the garden of the house he rents from me. He has accidently burned down the neighbours fence and shed and another neighbours wooden swing seat.
He did not inform me that this has happened and I found out from one of the neighbours, I asked him about it and he said he is insured and would sort it out.
He found out today that he is not insured, Am I liaible for the damage?

Will the other neighbours insurance chase the tenant

Can anyone advise please

clutton_2

i suspect that you are responsible - that is why LLs have BTL insurance to cover them against tenants' damage....

you can ultimately claim the repair money from his deposit - and if he has any money you could take him to court for the rest if the deposit is not enough...

cost the damage first then you will know the size of the problem...

you need to get it in writing from him that he has done this......

ekkygirl

clutton wrote: »

i suspect that you are responsible - that is why LLs have BTL insurance to cover them against tenants' damage....

you can ultimately claim the repair money from his deposit - and if he has any money you could take him to court for the rest if the deposit is not enough...

cost the damage first then you will know the size of the problem...

you need to get it in writing from him that he has done this......

Yes, Thanks for the reply, I thought as much, probably around £10,000 worth of damage inc removal of asbestos shed

cheepskate_2

ekkygirl wrote: »

Yes, Thanks for the reply, I thought as much, probably around £10,000 worth of damage inc removal of asbestos shed

yikkes £10,000 for a shed , fence and a wooden swing seat.

G_M

I disagree with Clutton (unusual!).

I don't see how/why a LL would be responsible for an act done by a tenant. The tenant acted irresponsibly, but is responsible for his actions.

The neighbours clearly have a case to claim damages against the tenant. Whether or not the tenant has funds, or insurance, to pay the compensation due makes no difference to the LL.

It might be different if the LL could be shown to have been negligent or responsible in some way ie by constructing a poorly built BBQ next to the neighbours fence for the tenant to use.

If the neighbours claim on their insurance, the insurers may well pursue the tenant.

clutton_2

BTL insurance covers landlords for damage to their property caused by the tenant (with usually a £1000 excess) - i can see no reason why the damage caused to the fence by the tenant, ( is it a jointly-owned fence ?) and damage to the neighbours property. should not be covered by the BTL policy

if the tenant has no money - and i have never had a tenant with access to £10k - then the OP and neighbours will sit looking into each others gardens for ever unless OP talks to their insurers....

it may not be fair.. but i would see this as my responsibility if it were my tenants...

i can see this claim going on for a looooong time !!

ekkygirl

Yes thats what I was thinking, A moral responsibility exists. I know these neighbours.

shaven-monkey

ekkygirl wrote: »

What has happened is that he has had a fire in the garden of the house he rents from me. He has accidently burned down the neighbours fence and shed and another neighbours wooden swing seat.

He set a fire,
He didn't monitor the fire.
He is responsible for the damage caused by the fire.
He's also potentially open for charges of arson / criminal damage.
Get his admission of responsibility in writing if possible then offer him a deal, you won't take the matter to the police if he'll pay for the repairs.

G_M

BTL insurance covers landlords for damage to their property caused by the tenant (with usually a £1000 excess) - i can see no reason why the damage caused to the fence by the tenant, ( is it a jointly-owned fence ?) and damage to the neighbours property. should not be covered by the BTL policy

Possibly. Close scrutiny of the BTL policy needed!

But the BTL insurer may pursue the tenant even if they pay out.
The bottom line is that the tenant is responsible, so anyone with a claim (neighbour, insurer) could pursue him.

Here's a typical wording:

Property Owner’s Liability

We will pay any amount which you are legally liable to pay as compensation for accidental
bodily injury to a person or loss or damage to property up to £2,000,000 or as stated on the

policy schedule. This can be extended to include occupiers liability on request.

So if the LL is 'legally liable...' the policy will pay out. In this case I believe the tenant is legally liable, so it would not pay out.
But if the policy had been 'extended to include occupiers liability' then it would pay out as the tenant is the occupier.

Milliewilly

ekkygirl wrote: »

Yes, Thanks for the reply, I thought as much, probably around £10,000 worth of damage inc removal of asbestos shed

How do you burn down an asbestos shed

ekkygirl

Milliewilly wrote: »

How do you burn down an asbestos shed

Not sure but think the roof was asbestos and will need removing by a specialist