What should you do when there has been malicious damage to your rental property?
Malicious damage is a crime and should be taken seriously.
If, despite your best efforts, you discover that your rental property has been damaged maliciously, it’s important to take the following steps:
Report the damage to the police and obtain a crime reference number
• Take time and date stamped photos of the damage
• Make sure the property is safe and secure
• Contact your insurers to notify them of the damage
Rental property damage is recognised as a discretionary ground for evicting a tenant in England and Wales, under the Housing Act 1988 and you can serve notice on them for this reason.
If your tenants do not leave by the specified date, you’ll then need to apply to the court for a possession order. The more evidence you have the better.
The law in Scotland is different – the Private Residential Tenancy Act 2016 covers evictions, and although property damage isn’t one of the law’s 18 grounds for eviction, a breach of a tenancy agreement is.
As with England and Wales, you must serve notice on your tenants to leave the property for this reason.
Landlord Action, also powered by Total Property, is one of the UK’s best known eviction and housing law specialists, and will be able to help you if you need advice about regaining possession of your rental property.
As the landlord, it’s up to you to show that you have done all you can to reduce the risks of malicious damage. You’ll also need to provide evidence of the steps you have taken.
Many of the issues landlords experience can be prevented through regular inspections, timely maintenance and establishing good channels of communication with your tenants.But no matter how well prepared you are, the unexpected can still happen. This is why we recommend that you have the right insurance in place to provide comprehensive cover. With the average cost of malicious damage claims on the rise, it’s particularly important that landlords check whether their insurance policy includes malicious damage by tenants and their guests as standard or as an extra cost. Knowing you are covered for damage, be it by theft, accident or malice, should bring you peace of mind.
