Insurance Query re Fire

[lahinch]

The garage at our rented property has been completely destroyed due to the tenant's fridge catching fire.

The tenant has claimed on their contents insurance for their belongings and we have claimed on our insurance for reinstatement of the garage - however we have to pay a £350 excess.

(We have been asked to retain the fridge for forensic investigation in case the insurers wish to make a claim against the fridge manufacturer).

Is the tenant liable for the £350 excess as it was their fridge which caused the fire or does the landlord have to stand the cost?

Also the neighbour's fence was also damaged - our insurance will not cover this as the fire was not due to negligence on our part - so who is responsible for the cost of replacing the fence?

Any help with this would be very much appreciated.

[Chestnut]

Have you checked your tenancy contract?

It may include clauses regarding damage by tenant and liability for tenant to pay a (stated) contribution towards your claims for damage due to fault of tenant. It was the tenant's fridge, not yours.

I would discuss your entitlements of the contract with your insurers and see what if anything is legally recoverable from the tenant, if that's the way you want to go.

If you like the tenant it might of course be better not to!

[sjcollett]

Susie - what happened with this? This is an important point you raise

[Mortitia]

I think you would have to find the tenant negligent in some way in the matter of the fridge to claim on her or her insurance. How old was said fridge? - if under warranty then I would have a go at the manufacturer.

Some tenants have very old appliances ( this is a topic in itself as landlords have to have electrical appliances they provide checked but not the tenants) BUT if your electrics were up to scratch the the trip switch should have activated and lack of power would have alerted the tenant if at home.

What did the fire brigade report? We need more info.

Mortitia