Damage by another person’s pet

by Readers Question

12:54 PM, 25th May 2015
About 4 years ago

Damage by another person’s pet

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Damage by another person’s pet

My tenant had a new leather sofa (furnished flat) – a neighbour’s 2 cats (monsters) came in and damaged it – whose responsibility is the damage – neighbour doesn’t want to know, insurance doesn’t cover damage by animals/pests.

Many thanks

Elizabethmonsters



Comments

Neil Patterson

12:56 PM, 25th May 2015
About 4 years ago

Now the answer to this may not be as straight forward as you think.

Cats from memory are not considered domestic animals so I am not sure if an owner can be held liable for their actions and what the implications of that are.

Joe Bloggs

22:04 PM, 26th May 2015
About 4 years ago

your tenant is responsible to you under contract.

Nick Pope

13:59 PM, 30th May 2015
About 4 years ago

Sorry Joe, that's wrong. Cats are considered to be wild animals (ferae naturae) and the owner of the cats is not responsible nor is the tenant. Anyway I infer from the post that the sofa was the tenant's and not the landlord's. In either case many insurers will not cover for such damage so it's one of those things. I suppose if the agreement made the tenant responsible for damage by wild animals such as cats, elephants and termites there might be a case but I suspect the courts would consider it to be an unfair contract term.

Joe Bloggs

17:12 PM, 30th May 2015
About 4 years ago

the tenant is responsible for damage to the landlords items listed on an inventory under contract, even if damaged by events outside the tenants control.

Romain Garcin

18:09 PM, 30th May 2015
About 4 years ago

One way to look at it is that if you leave windows or external doors open and the house/room unattended then any damages by 'intruders' might be put down to negligence, and thus not covered.

Neil Robb

22:49 PM, 30th May 2015
About 4 years ago

Just about to say what Romian has said.

not your problem how did the cats get in di they pick the locks

Joe Bloggs

0:12 AM, 31st May 2015
About 4 years ago

the thing about a cat being a wild animal is an irrelevancy as far the tenants liability to the LL. its relevance extends only to the protection of the cat owner against any liability claims.


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