Tenant caused damage but wants me to claim on my insurance

stroppymare

In August my tenant did not secure the handbrake on her car and it rolled into and damaged the garage door. She informed the agent and said that she'd had it assessed and the door needed replacing as it was unsafe. She suggested I claim on my buildings insurance but I refused as I did not cause the damage and the terms of her rental agreement clearly state that the tenant is responsible for repairs for damage created by her or visitors etc.

Several times over 3 months I asked for a copy of the report she had been given, but nothing was forthcoming.

In October, she gave one month's notice. She refused to allow me access to see the damage and I was told I had no right to do so without her permission. Consequently, I had to wait until after she had left and the inventory had been completed before I could see what damage had been done. It was considerable. I took photos and send these to the agent.

On the same day as the inventory was done, I had a garage specialist assess the damage and he confirmed that the door was unsafe and needed replacing. A repair job or sorts had been attempted but it was obvious that it had not been done by a specialist.
A report was forwarded to the agent and the tenant.

I had a new door fitted as new tenants were moving in. The quote I received for replacing and fitting the same door was over £800. I had to go for a cheaper, lesser quality model, £685 as I don't know how much, if at all, I will be able to retain from the deposit. (£900 is held in an account by the agent).

The agent has now raised this with the TDS but the tenant, and her 'legal advisor' are adamant that I should be claiming on my buildings insurance.

I am worried that I could be considerably out of pocket,or have an increase in premium if I have to claim, for something that was not my fault.

Any advice/comments/suggestions gratefully received. Thanks

davidmcn

Does she realise that even if your insurer pays out to you, they could in turn seek the costs from her?

anselld

You can legitimately claim and TDS should find in favour.
You will need to make allowance for the age of the old door since it is not a new-for-old system. So you will not get the full amount.
You are not obliged to claim on insurance and not all insurance includes accidental damage anyway so you may not even be covered.

AdrianC

stroppymare wrote: »

In August my tenant did not secure the handbrake on her car and it rolled into and damaged the garage door.

If any insurance policy seems appropriate, then her car insurance would have been the one for her to be claiming on.

In October, she gave one month's notice. She refused to allow me access to see the damage and I was told I had no right to do so without her permission.

Quiet enjoyment, an' all.

Not technically wrong, but not exactly helpful grown-up behaviour on her part.

Consequently, I had to wait until after she had left and the inventory had been completed before I could see what damage had been done. It was considerable. I took photos and send these to the agent.

On the same day as the inventory was done, I had a garage specialist assess the damage and he confirmed that the door was unsafe and needed replacing. A repair job or sorts had been attempted but it was obvious that it had not been done by a specialist.
A report was forwarded to the agent and the tenant.

I had a new door fitted as new tenants were moving in. The quote I received for replacing and fitting the same door was over £800. I had to go for a cheaper, lesser quality model, £685 as I don't know how much, if at all, I will be able to retain from the deposit. (£900 is held in an account by the agent).

You just claim off the deposit protection scheme, with proof.

The agent has now raised this with the TDS but the tenant, and her 'legal advisor' are adamant that I should be claiming on my buildings insurance.

Let them argue that to the dps arbitrators.

stroppymare

Thank you. My thoughts exactly

newsgroup_monkey

I would be tempted to report her to her car insurance company too.
She has had a car accident which wasn't reported.

If I drove round a corner too fast and drove into your house, I wouldn't be expecting your house insurance to pay out.

anniecave

newsgroup_monkey wrote: »

I would be tempted to report her to her car insurance company too.
She has had a car accident which wasn't reported.

If I drove round a corner too fast and drove into your house, I wouldn't be expecting your house insurance to pay out.

Would it be worth trying to claim off her car insurance?

Retired_Mortgage_Adviser

You can absolutely claim from her deposit, this is exactly the kind of thing it is for.

Be prepared for some disappointment on the payout though. If the tenant disputes the claim and it goes to adjudication, depreciation will be accounted for and you are unlikely to see the whole cost of replacement reimbursed.

I am not entirely sure about this but I would think a garage door would be considered part of the building structure and hence depreciated over a fairly long period (better for you!)

And depending on how much of a pita she has been to you, I would consider the below. You coud even use it as a stick if she disputes the claim on the deposit.

Edit: I'm not sure how you would go about identifying the insurer though!

newsgroup_monkey wrote: »

I would be tempted to report her to her car insurance company too.
She has had a car accident which wasn't reported.

If I drove round a corner too fast and drove into your house, I wouldn't be expecting your house insurance to pay out.

SmashedAvacado

The starting point is this - she caused the damage - you claim from her - if she is insured then her insurer will pay up. By all means speak to your insurers who may be willing to engage with her / her insurers - your insurers may cover your legal expenses for persuing her. That is of course if you were properly insured - ie the insurance company were fully aware that the property was rented and not lived in by you.

stroppymare

Thanks.
Yes it’s insured as a rental property

[Deleted User]

I'm afraid with this kind of tenant I'd be claiming for every single item of damage and ineffective cleaning I could as , as others have said betterment will mean you won't get the full cost of the repair back.