Tenant’s accidental damage to bath?

Tenant’s accidental damage to bath?

10:22 AM, 27th April 2021, About 5 months ago 5

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I have an apartment in a block of flats where the buildings insurance is paid for as part of the management charges.

My tenant has accidentally put a hole into the side of the bath and a replacement bath, wall tiling is required.

Who is responsible for the cost of replacement?

As this is a permanent fixture it is part of the building and the management block insurance, but it does not cover this scenario?

Many thanks

Martin



Comments

by Jason McClean

10:43 AM, 27th April 2021, About 5 months ago

Hi Martin

It will depend on whether the insurance for the block includes accidental damage. If not, then no cover in place. This is one of the first items stripped out when it comes to lowering the cost of insurance.

Even if accidental damage is in place, then the circumstances may require malicious damage cover by tenants to be in place.

And if the bath is very old and the damage could be termed as maintenance then any claim will be refused.

Ask the Management Company on what grounds the claim has been declined; then you can respond effectively. And if you need better block of flats insurance in the future, then do give us a try, it's something we specialise in.

I'm thinking you may have the deposit as a last resort to pay for damage caused directly by tenants?

by moneymanager

11:41 AM, 27th April 2021, About 5 months ago

I wouldn't have expected that "in apartment" fixtures would be covered by buildings insurance, I'd start by reading the lease, our responsibility in a similar situation starts and ends with the perimeter of ownershipor defined responsibility as therein defined.

by Crossed_Swords

22:30 PM, 27th April 2021, About 5 months ago

Who would replace the bath during a refit normally? not the freeholder, so it's your responsibility. You may be able to claim on your contents insurance but some policies exclude accidental damage

by Paul Chetwyn

9:55 AM, 29th April 2021, About 5 months ago

Reply to the comment left by Crossed_Swords at 27/04/2021 - 22:30
I agree, you should have landlords contents fixtures and fittings insurance to cover this, it’s always been my understanding that the management companies insurance is only for the perimeter of the building IE walls windows doors etc etc, the bath and other repairs is the owners responsibility other wise where does it stop, the management fee would be even higher than the already extortionate fee they will be charging.

by Jason McClean

10:02 AM, 29th April 2021, About 5 months ago

Just to help try and reduce confusion...if the bath is freestanding then it will be covered on landlord contents.

If it is fitted then it is buildings insurance.

The Management Company cannot insure the landlord contents.

Hope this helps?


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