What to do in case of a fire

[kimlgp]

Hi, I just joined as I've been looking for some general advice on what to do regarding real-situation from you experienced people, and thanks in advance.

I am the landlord of a commercial property that recently had a 'suspicious fire'. The damage was moderate and the insurance company reckons it take 3-5 months to process.

I only have building/fire insurance and no business interruption insurance. To complicate matters, the tenant has been in arrears for over 2 months plus outgoings (and my first mistake is taking this long to remedy, and I had to change property manager to do so, long story) - and coincidentally notice to remedy was issued 2 weeks ago, then this fire.

What would be my best course of action that:
1. I suspect the fire could be deliberately lit
2. I do not have insurance to cover for the period whilst building is repaired
3. Tenant potentially could have business insurance (though I doubt it given the difficulty in collecting rent) but what are the chances of me getting my rent from the tenant via possible insurance payouts (I reckon a very long shot)

Is there any legal avenue that I can take now to speed things up later?

My options are:
-Proceed with the eviction as I have every ground to do so (this is following numerous notice to remedy/payment plans that were not fulfilled), thereby renounce any possible insurance payout (again long shot) and proceed collection via legal
-Keep the tenant for now whilst building is being repaired (though personally it is a risky proposition given I fear the fire was deliberate)

Any advice? Thanks again.

 

[wobbycarly]

Oooh, tricky one.

Years ago, the small fuel distribution company I worked for was purchasing (taking over due to high level of debt) another service station. The night BEFORE the settlement, the place caught fire. Fire investigators deemed it suspicious, but as far as I know, no one "got in trouble" for it!

(No idea what the outcome was - I was just a pleb worker, so never found out the details.)

Good luck.

 

[pennyk]

if you have grounds to evict, I would do it.
See it as an opportunity to get them out before they do any further damage.

 

[Scott No Mates]

1) Read your lease - there will be a clause about destruction of the property (& rent abatement)

2) Are they still operating from the premises? (Then no rent abatement or only a %)