Angry ex-tenant drives through fence and into house....

A

ArchyK

Folks

Appreciate a little advice here re: malicious damage. Was informed this morning of a very nasty incident at our IP last night where tenant's ex drove his 4WD through the front picket fence, up onto the verandah reasting against house, then tore wooden slats from front door and smashed front windows. In addition, he assaulted a police officer, resisted arrest, and the list goes on... (good news is our young tenant is ok, but a horrible situation for her.)

My excess is $500 for malicious damage - the costs to repair all the above are far higher . Our Property Manager says tenant will repair the door (which to me in unrepairable) and the fence. Tenant paid to fix windows today. In addition weatherboards are damaged at front of house, and front deck is chipped where car has landed.

Am i right to request I want a new fence, new door, weatherboards and deck fixed like new? Is it reasonable to claim under insurance and ask property manager to recoup the $500 excess from tenant ? I don't want a slapped together repair on the cheap by the tenant, and the overall cost to her would be less. Should the Property Manager support me in this approach?

Anyone else had a similar situation? Any advice appreciated!

What a day, time for a G&T...

Cheerio
 
Did I hear this on the news this morning???

I would get the insurance company involved to ensure that the fix is done properly. I wouldn't want a budget, patch up job by the tenant.

If you can get the excess from her or the driver (should be able to I would think) that is all the better.
 
I am not sure any of it actually is / or even should be recoupable off the tenant. The main reason being this was not in any way shape or form her fault, responisibility or caused by her actions - I am sure she was just as horrified (if not more) by what occurred. The only person you would be able t chase for the cost is the person who done it (sue them for the money).
 
I'd definately go through insurance company too and get tenant to pay excess, although is tenant responsible? It is her ex, but is he on the lease? If not, why should tenant be responsible anyhow? I'm not sure what the law is on that, so just curious. To me logic would say it's an insurance job and then up to insurance company to go the person who caused the damage, but the law doesn't always follow my own logic. :)
 
Just claim it on your insurance, you will have to pay the excess first for any works. Once your insurance company tracks down the culprit they will recover from them what they can and refund your excess as you weren't at fault.
 
My thoughts follow all the above.

Claim it all on insurance and get the ex to pay the excess - She's obviously not at fault and shouldn't have to pay the excess or for any repairs.
 
wow, definitely time for a drink!
I would go through your insurance, and make sure you get copies of police reports etc. You could also probably consider laying charges on this fellow, if they haven't already been.
hope the repairs etc all go smoothly.
enjoy the G & T!
Pen
 
The problem is not only the excess. The landlord can also lose a no claim bonus. Which may take a while to recover, costing a substantial amount.
 
geoffw said:
The problem is not only the excess. The landlord can also lose a no claim bonus. Which may take a while to recover, costing a substantial amount.
Click to expand...

Exactly.
When a LL doesn't have an option, that is the time to use their insurance.
If they need to use the insurance, have the insurance company give you a quote of how much your insurance will increase x 5 years, and deduct from their bond as well.

Or...have it in the tenant's lease to provide their own liability cover :)
http://www.youi.com.au/faq/What_is_tenants_liability_cover
 
kathryn d said:
Exactly.
When a LL doesn't have an option, that is the time to use their insurance.
If they need to use the insurance, have the insurance company give you a quote of how much your insurance will increase x 5 years, and deduct from their bond as well.

Or...have it in the tenant's lease to provide their own liability cover :)
http://www.youi.com.au/faq/What_is_tenants_liability_cover
Click to expand...

It's a shame that you're not actually allowed to do that - unless, you have actually done it here (in Australia) Kathryn ? But I doubt it is legal to require a tenant to provide their own cover as you suggested or to take future annual increases to your insurance out of the tenant's bond.

But you weren't giving advice I suppose, I think you were just suggesting what shoulf be the case.. .we probably all agree it should be fairer... but suggestions on what the landlord shold be able to do, but are actually illegal meaning they cannot, won't help us with an actual solution to the problem - which is a shame... wonder what we COULD do in these situations ?....
 
jaycee said:
It's a shame that you're not actually allowed to do that - unless, you have actually done it here (in Australia) Kathryn ? But I doubt it is legal to require a tenant to provide their own cover as you suggested or to take future annual increases to your insurance out of the tenant's bond.

But you weren't giving advice I suppose, I think you were just suggesting what shoulf be the case.. .we probably all agree it should be fairer... but suggestions on what the landlord shold be able to do, but are actually illegal meaning they cannot, won't help us with an actual solution to the problem - which is a shame... wonder what we COULD do in these situations ?....
Click to expand...

No, I was suggesting it, because it is legal to require tenant insurance here too.
 
kathryn d said:
No, I was suggesting it, because it is legal to require tenant insurance here too.
Click to expand...

When I said here, I meant in AUs, I didn't know you could make it a condition of residential tenancy that the tenatn gets insurance - I rented for 10 years, only insurance i ever paid for was my own contents. Perhaps it's something you ae allowed to include as a condition ?
 
jaycee said:
When I said here, I meant in AUs, I didn't know you could make it a condition of residential tenancy that the tenatn gets insurance - I rented for 10 years, only insurance i ever paid for was my own contents. Perhaps it's something you ae allowed to include as a condition ?
Click to expand...

Under the new NSW Resi Tenancy Act 2010 is is FORBIDDEN to have a tenant take out insurance as a requirement or a condition in the lease.
 
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