Sometimes, depending on the policy and the type of damage. Wear and tear is never covered (that is what the deposit is for). Accidental damage by a tenant is covered only where accidental damage is in force as an extension on the landlord policy. Malicious damage by a tenant is treated as a separate, narrow section of cover and is excluded from many policies. Here is the line.
The three categories of tenant damage
Insurance policies treat tenant damage in three distinct categories:
- Wear and tear. Normal use over time. Excluded from every policy.
- Accidental damage. Unintentional but discrete events. Covered only where accidental damage cover is in force.
- Malicious damage. Deliberate damage. Treated as a separate peril, sometimes covered, sometimes excluded entirely.
The deposit is meant to cover the wear-and-tear category and minor accidental damage. The insurance is meant to cover larger accidental incidents and malicious damage.
Accidental damage by tenant
If accidental damage cover is in force on a landlord policy, tenant-caused accidental damage is usually claimable. Limits and excesses apply. Where accidental damage cover is not on the policy, the claim falls back to the named perils (water, fire, etc.) and most tenant-caused damage falls outside.
Read the schedule. Many landlord policies include accidental damage as standard; many do not.
Malicious damage by tenant
This is the contested category. Some Irish landlord policies include malicious damage by tenant as standard. Some include it only with a specific endorsement. Some exclude it entirely.
Where cover is in force, claims usually require:
- A Garda incident number where the damage is criminal
- The inventory and condition record from the start of the tenancy
- Photographic evidence of the damage at the end of the tenancy
- Evidence that the damage was deliberate rather than negligent
For the broader handling, see malicious damage by tenant claims.
Loss of rent during reinstatement
Where damage is significant enough to make the property uninhabitable, the loss of rent section of the policy should be claimed alongside the buildings/contents claim. Indemnity periods of 12 to 36 months are typical. We claim both heads in parallel on every tenant damage claim.
The deposit, the RTB, and the insurance claim
Three separate routes:
- The deposit. Covers wear and tear and minor damage. Disputed via the Residential Tenancies Board (RTB).
- RTB damages claim. Beyond the deposit but related to the tenancy. Adjudication takes 6 to 12 months.
- Insurance claim. Major damage covered by the policy peril.
The three are not mutually exclusive but they overlap. We see landlords pursue all three on the same property after a difficult tenancy.
When to call a loss assessor
For damage costing more than two months’ rent to put right, the insurance route should be considered. The deposit will not cover it; the RTB process is slow; the insurance claim is the fastest path to recovery if the cover applies.
The inventory is the case
The single most important document on any tenant-damage claim is the inventory taken at the start of the tenancy with photographs and a written condition schedule. Without it, the insurer (and the RTB) have no baseline to work from. With it, the claim is usually straightforward.
Written by the team at N.J. Carroll & Associates, insurance loss assessors and quantity surveyors, established 1988.
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