PDA

View Full Version : Tenant's negligence made property uninhabitable- rent?



Ibrahim1982
02-05-2005, 11:31 AM
Can comeone please help me answer this question, would be well appreciated it...

A Property you are managing becomes uninhabitable due to an accidental fire caused by the tenant to the property.
The tenant admits that he forgot to turn off the Frying pan full of Oil, which was cooking chips at the time of setting fire to the interior of the kitchen, destroying virtually everything within the kitchen making it unusbale.


1) The problem regarding the tenants position and should the tenant continue to pay rent?

2) The action the Landlord should take?

3)Who pays for the damage and why?

your help will be appreciated...

thank you very much...

Kindest regards

Ibrahim1982

P.Pilcher
02-05-2005, 18:30 PM
Subject to our board experts who know far more about this than me, your AST will probably contain a clause indicating that if the property becomes uninhabitable due to fire or other damage then no rent is payable until this damage is repaired and the tenant can once again take up occupation. Your landlord's insurance should pay for the damage and also the rent that has been lost due to the state of the property.
In view of the situation I would hope that the tenant does not try to claim from you because of the inconvenience of having to move out while repairs take place. Unless you have no suitable insurance in place (more fool you if this is the case) then actaion for damages by you against the tenant is innapropriate, but your insurance company may try it on to mitigate their loss.

P.P.