Insurance claim excess- can I recover it from tenant?

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    Insurance claim excess- can I recover it from tenant?

    A week before their tenancy (AST) was due to expire on 31st Sept, an accidental fire broke out in our flat, destroying two rooms. We are now waiting for the loss adjustor's report re: our insurance buildings claim and for a schedule of repairs. The tenants are demanding the return of their bond (from our letting agent), but we do not want to authorise its release until we know what the irrecoverable costs of the fire will be - eg excess insurance charges, additional cleaning costs &c. Is this reasonable? Also, we are not insured for loss of rental income, but do we have any grounds to claim loss of earnings from the outgoing tenants, given that the flat will be empty for at least a couple of months? Thanks!

    #2
    What was the cause of the fire?

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      #3
      If the fire was accidental then No you cannot claim. If however the tenants set the fire you can of course claim!
      GOVERNMENT HEALTH WARNING: I am a woman and am therefore prone to episodes of PMT... if you don't like what I have to say you can jolly well put it in your pipe and SMOKE IT!!

      Oh and on a serious note... I am NOT a Legal person and therefore anything I post could be complete and utter drivel... but its what I have learned in the University called Life!

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        #4
        Originally posted by justaboutsane View Post
        If the fire was accidental then No you cannot claim. If however the tenants set the fire you can of course claim!
        Well, 'claim' here presumably means '...against T'. In any event, L can claim on the property insurance if the damage was caused by an insured risk and not within any liability exclusion clause of the policy.
        JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
        1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
        2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
        3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
        4. *- Contact info: click on my name (blue-highlight link).

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          #5
          Do you mean if the tenants were negligent, and the fire was their fault? If it was a deliberate act then it's criminal damage but it too could have been accidental? Is there an investigation being carried out by the local Fire Brigade?
          The advice I give should not be construed as a definitive answer, and is without prejudice or liability. You are advised to consult a specialist solicitor or other person of equal legal standing.

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