All Topics / General Property / Hypothetical Question – Damage to Property
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,
MareeI 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 MeLawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au
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.
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
KarenInside 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.
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?
You must be logged in to reply to this topic. If you don't have an account, you can register here.