Brett,
1. I recently tried making a claim through a policy I had with "xxx" as the tenants child decided to have a fighting match with a marker through my properties hallway which I only got freshly painted 8 months ago, wouldn't this be covered under "tenant neglect"?? It was the tenants young child but xxx did not want apart of it!
2. I actually made an enquiry with EBM today and I was asked if my tenant is "on" a lease... What exactly does "on" a lease mean? Is on a lease referring to if my tenants signed a lease when they moved in initially (been there nearly 2 years now) or are on a "fixed term" lease? If their lease has not been renewed to a fix term but is still on a continuing basis am I still covered?
Sorry, this question didn't actually sink in until now and it has me concerned what the interpretation of "on" a lease actually means??
Hi Nikki
1. Most policies will not pay claims for "tenant neglect", or certainly not that wording anyway. Damage such as you have described will most likely only be covered under a policy that includes "accidental damage". This is something I have mentioned in numerous threads.
The different types of damage that landlord policies often include are:
Malicious Damage - generall needs a police report and you need to prove "malicious intent" with the sole purpose being to cause the damage. Covered under most policies but can be hard to prove. By the way, a child under 12 cannot usually be classed as having caused Malicious Damage because of their age.
Deliberate & Intententional Damage - better than having only Malicious, may allow for someone that did something deliberately (such as painting the inside of the house black) but were not doing it maliciously as they thought they were making it better. Some insurers have started to add this rather than go the whole way and add accidental damage.
Accidental Damage - allows for far more events and I believe is necessary for comprehensive cover. The list this opens up is endless and removes many grey areas. Personally, I would not have a landlord policy that doesn't include it, and policies without it cannot be compared on an apples for apples basis. Not many policies include this.
Then of course there are the "defined events" such as fire, storm, damage by intruders etc. that all policies will have.
So the bottom line is, if the policy didn't include Accidental Damage, you probably wouldn't be able to claim. You would be expected to get it from the bond if there was enough available to do that, which is often not the case.
2. You always need to check what the policy definition of a lease is. In our case the purpose of the question would have been to check that it is a permanently let property, and not holiday letting / corporate leasing, as that would require a different policy (RentCover
ShortTerm).
Our definition of a lease is clear and isn't a problem for you, it reads:
"A written agreement between you and a tenant for occupancy of the
premises which is;
- allowed by and compliant with legislative requirements in the State or Territory the premises are located in and
- for which a bond equivalent to at least four weeks rent has been paid.
It also includes a tenancy at will which immediately follows the lease."
As you will see thi sincludes periodic tenancies, something which people do get caught out on with some policies as they require the tenant to be on a current, written, fixed term lease. We don't, they just needed to be on one originally, even if it was 20 years ago.
I hope that helps.