Fire in tenants garden. Who is liable? Please help

toothwiz

Hi I am an accidental landlord looking for urgent advice. I have landlords insurance already. My tenant rang me to inform me a fire occurred in my property in the garden plastic storage box that lies adjacent to a neighbours fence. Apparently it caught fire and nobody knows why. It has caused damage to the neighbours wall , guttering and destroyed the fence. Luckily it did not reach the house. I noticed a pile of cigarette butts near the box on the side of the neighbours but that may be co incidental. There was a lawn mower and some lighter fuel in the storage box. Neither the tenant nor neighbour is claiming responsibility. I have taken a picture. Advise please on what to do and Who is liable. Please help!

jamie11

toothwiz wrote: »

Hi I am an accidental landlord looking for urgent advice. I have landlords insurance already. My tenant rang me to inform me a fire occurred in my property in the garden plastic storage box that lies adjacent to a neighbours fence. Apparently it caught fire and nobody knows why. It has caused damage to the neighbours wall , guttering and destroyed the fence. Luckily it did not reach the house. I noticed a pile of cigarette butts near the box on the side of the neighbours but that may be co incidental. There was a lawn mower and some lighter fuel in the storage box. Neither the tenant nor neighbour is claiming responsibility. I have taken a picture. Advise please on what to do and Who is liable. Please help!

Let your insurance company deal with it. You have got insurance yes? If not, charge the tenant for any costs you get.

Reasoning? The plastic boxes were left there by the tenant, ipsy dipsy, he caused a fire hazard.

Callie22

jamie11 wrote: »

Reasoning? The plastic boxes were left there by the tenant, ipsy dipsy, he caused a fire hazard.

How do you know this? It could be one of those plastic storage shed-things, and it could be owned by the landlord - it might even have been the landlord's lawnmower and lighter fuel. In which case it looks more likely that it's the neighbour's fault for carelessly disposing of his fag-ends. The tenant can't be held responsible if the plastic box wasn't his, and wasn't placed by the fence by him.

jamie11

Callie22 wrote: »

How do you know this? It could be one of those plastic storage shed-things, and it could be owned by the landlord - it might even have been the landlord's lawnmower and lighter fuel. In which case it looks more likely that it's the neighbour's fault for carelessly disposing of his fag-ends. The tenant can't be held responsible if the plastic box wasn't his, and wasn't placed by the fence by him.

Agreed, I'm assuming, maybe wrongly.

Fire_Fox

Does the tenant smoke? If not you have no reason to suspect they set the fire, might be the neighbour might be an intruder/ kids. Could report to the police as arson, might scare the tenant into 'fessing up. Otherwise claim on your insurance.

Don't understand the accidental landlord comment, join a landlord's association and be a professional.

toothwiz

It was a garden storage box with a lawnmower we supplied. The tenants positioned it by the fence and it was their lighter fuel. Legally is it my responsibility to pay for all costs. I will be ringing my landlords insurance anyway. I don't see how I am liable ? How can a fire start in the garden in a plastic storage garden shed?

G_M

toothwiz wrote: »

.... How can a fire start in the garden in a plastic storage garden shed?

Various possible causes have been suggested.

However, there are 4 possibilities:

1) the neghbours set it on fire with careless fag ends. If you can prove this, you can claim damages from them

2) The tenant set it on fire somehow. If you can prove this, you can claim damages from them

3) A third party set it on fire, perhaps maliciously. Contact thepolice. If they can identify the culprit, the police can prosecute them for arson and you can claim damages from them.

4) None of the above. Which is why you have insurance!

I don't see how I am liable ?

is the wrong question! I own my own home. If a storm blows tiles off my roof "I don't see how I am liable" - not my fault! But I have insurance for this.

Fire_Fox

toothwiz wrote: »

It was a garden storage box with a lawnmower we supplied. The tenants positioned it by the fence and it was their lighter fuel. Legally is it my responsibility to pay for all costs. I will be ringing my landlords insurance anyway. I don't see how I am liable ? How can a fire start in the garden in a plastic storage garden shed?

Lighter fuel alone doesn't start a fire, can't really see that putting a lawnmower by a fence is particularly negligent either, the culprit is whoever created the spark. We've already discussed how that could happen, it's speculation.

The reality is that the property belongs to you, the business will have unexpected costs it's not all fun and money coming rolling in. As G_M says there is a reason you have insurance.

toothwiz

. I can't prove either way who did it. Both sides are smokers. What are the tenants responsibilities if any?

dimbo61

Repairs and replacement are tax deductable from the profit you make from renting your property ( 10% wear and tear )
You are running a business and this is an expense.
Get a man in to repair the fence, guttering and replace the storage box with a metal box. ( get receipts and hand them to your accountant when you do your tax return)
If you do not want to run a business then sell up