All Topics / General Property / Hypothetical Question – Damage to Property

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  • Profile photo of maree_bradrossmaree_bradross
    Member
    @maree_bradross
    Join Date: 2007
    Post Count: 401

    Hi,

    Say a friend of your tenant wantonly damages your IP by driving his car into a veranda post or carport column.

    Who is responsible for the dameage? The tenant, you through your insurance, take it out of bond on tenant vacating (damage may be more than bond though)? If it is through the bond and they don't vacate for years – how does that work?

    Thanks,
    Maree

    Profile photo of TerrywTerryw
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    @terryw
    Join Date: 2001
    Post Count: 16,213

    I think the person damaging the property would be responsible. Your insurance cover may pay up and then pursue him (or her).

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
    http://www.Structuring.com.au
    Email Me

    Lawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au

    Profile photo of Scott No MatesScott No Mates
    Participant
    @scott-no-mates
    Join Date: 2005
    Post Count: 3,856

    I'd agree with Terry, pay your excess (probably will be able to claim it as a cost anyway), and let the insurers chase the person(s) responsible – they can't/won't go the tenant unless your tenant's friend was living in the place.

    Profile photo of KoozKooz
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    @kooz
    Join Date: 2006
    Post Count: 39

    On a slightly different topic re damage…. if there is white ant damage in a strata unit, does the owners corporation insurance cover this?

    Cheers
    Karen

    Profile photo of IP FreelyIP Freely
    Member
    @ip-freely
    Join Date: 2008
    Post Count: 353

    Inside your unit probably not (unless you can show that the cause was entry from another affected part of the building). If it is outside of your unit eg your perimeter walls or top floor ceiling, then it is a strata matter.

    Profile photo of maree_bradrossmaree_bradross
    Member
    @maree_bradross
    Join Date: 2007
    Post Count: 401

    thanks for the responses. So would you need the hypothetical police report? Do you have a right as the property owner to restrict access to the property by said person? Also if the property is a unit would body corporate be involved?

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