Do you know a cover for damages by tenants of another landlord?

AdmiralX

I am looking for an insurance that covers accidental damages caused by tenants of another landlord. The tenants of an upstairs flat which belongs to a private landlady caused a damage the entrance hall I own. They ripped the heavy mahogany handrail off the solid brick wall opening a hole and shattering several bricks in the party wall in an area of one sq foot! - yes many said first time they see it. This happened 3 am under the influence of alcohol. The stairs and entrance hall are part of my own flat and the tenants of that LL have the right of way.
The tenants did not want to pay. The Letting Agents did not respond, The LL has disappeared since 5 years ago and I have no address of her.

I had free legal advice from solicitors that the tenants are liable to pay but making them to pay has absolute 0 success because they can disappear...

I claimed from the building insurance but they said No, they do do not "insure accidents of somebody elses' tenants and not such perils of tenants falling at 3 am".

My insurers said the handrail is a legal requirement and if I did not restore it and if somebody had an accident I was to be sued as owner of the entrance parts of the building.. So I got a handyman paid him and restored the lot. But... next evening, the tenants came carrying a huge furniture and dropped it on my landing wall and... tore several inches of my stud wall. Again I got the handy man and restored my wall. I cannot find what type of insurance could cover me. The solicitors advise me to move as in theory this can go on indefinitely.

DVardysShadow

Buildings insurance should pay out for the insured building regardless of who did it. The question is whether your insurance covers that part of the building, which I doubt. So I think you have been fobbed off with the wrong reason, when you should have had the same answer but the right reason.

iamcornholio

You don't get speccific insurance to cover damage by other landlords tenants

You get general cover for damage by anyone, and then that is it .... you are covered!

Then if you know who caused the damage, then you or your insurer pursues them for any repair costs

AdmiralX

iamcornholio wrote: »

You don't get speccific insurance to cover damage by other landlords tenants

You get general cover for damage by anyone, and then that is it .... you are covered!

Then if you know who caused the damage, then you or your insurer pursues them for any repair costs

Many thanks, surely it is meant so, but does not work always like this, today insurers told me.

I did not want to get out alone 3 am to confront the people who ripped the wall but it was the tenants as nobody else has access.

Today a insurer told me that I have to ask the insurance details of their LL and ask my insurance to claim from them. The problem is the LL is hiding and avoided service charges since 8 years she moved in. It costs time and cash to me find her address and go to small claims and is easier 4 me t pay up + get a handy to patch the wall. I heard many doing so. Time is valuable. But tenants reached a line where the problems must not be ignored. When I spoke to Police they were fuming that we let those who do damage to go off the hook. But I said time is precious and cannot afford stress.

AdmiralX

DVardysShadow wrote: »

Buildings insurance should pay out for the insured building regardless of who did it. The question is whether your insurance covers that part of the building, which I doubt. So I think you have been fobbed off with the wrong reason, when you should have had the same answer but the right reason.

The insurers had sent an assessor builder. The damage was in my flat, not in communal place. it was the second time they turned down claim caused by the tenants above. They do not insure accidental damage of tenants falling. That is what they say.

The_Pedant

Have you actually had a read of the policy to see what is/is not covered?
Some insurance companies love telling you it's not covered (especially when it's the less than everyday cases at the fringes of coverage) ... until you point out the clauses in your policy that provides the cover you thought you had in the first place.

Secondly, how was the damage actually caused?
With good maintenace, a solid handrail doesn't just fall off the wall accidentally. It either was not secure or someone has used excessive or determined force to remove it.

DVardysShadow

AdmiralX wrote: »

The insurers had sent an assessor builder. The damage was in my flat, not in communal place. it was the second time they turned down claim caused by the tenants above. They do not insure accidental damage of tenants falling. That is what they say.

Sorry, misread your opening post. If the building is insured, then they should be paying for accidental damage and recovering from the perpetrators. You have been fobbed off as I see it.

AdmiralX

The_Pedant wrote: »

Have you actually had a read of the policy to see what is/is not covered?


Secondly, how was the damage actually caused?
It either was not secure or someone has used excessive or determined force to remove it.

I read wording and I spoke to the broker, he said they would insure accidents caused by the problems of the building structure itself for instance: breakage of pipes; but would not insure breakage from tenants. I spoke this afternoon to a broker and he said they would not cover other tenants' accidental damage to my flat.

The tenants had said they were v angry the rent was too high £800; I have nothing to do with it. IMO they might have wanted to create problems to other lessees force the LL to keep rent down. The wall was OK BUT when you hit any support with sudden hard impact the base can be shuttered. It is different when you try to pull.

DVardysShadow wrote: »

Sorry, misread your opening post. If the building is insured, then they should be paying for accidental damage and recovering from the perpetrators. You have been fobbed off as I see it.

Yes, I think so. The perpetrators are the tenants but how on earth can I recover money when i do not know their insurance and they do not respond?

My problem was to get a handy to repair the wall. I found a good one.

diable

Ripping off the handrail isn't that criminal damage? If it is phone the Police and don't be fobbed off.

silvercar

You should be able to download the deeds from Land Registry website for £4. The deeds should tell you the address of the landlord, if they list the address as the property address then write to the mortgage company (whose name will be on the deeds) and ask them.

ic

I'm confused here from what has been described.

1. Do you have accidental cover on your buildings policy? This sounds like an accident rather than intentional - and I guess you can't prove otherwise.
2. Is this within your own flat, or a communal area shared by everybody in the building? If its communal (i.e. limited or public access), and you have a building policy on your own property, then I doubt that would extend to a communal area for use by people unknown.
3. Flats/the landlords normally all pay a service charge in order to collectively buy a single building policy for the whole building, the service charge will also normally cover any maintenance to the property - problems with the roof, repairs to the communal area, etc.

From what you've said, you own the downstairs flat and the communal areas that lead upstairs? That sounds odd to me.