Malicious Damage Claims | Ireland-wide

Malicious Damage by Tenant Claims

Suffered malicious damage? You don't have to take the insurer's first offer. We document the loss, prepare the claim, negotiate the settlement, and only get paid when you do.

Established 1988 Central Bank regulated, Cert C41330 No win, no fee

  1. 01 We meet Free site visit, often the same day for emergencies.
  2. 02 We document Every affected room, item and structural detail recorded.
  3. 03 We negotiate We handle every conversation with the insurer's loss adjuster.
  4. 04 You're settled Maximum entitlement, full reinstatement, peace of mind.
35+ Years in business since 1988
26 Irish counties served
156+ malicious damage claims settled
100% No win, no fee guarantee
Malicious Damage by Tenant Claims, N.J. Carroll & Associates

Dealing with malicious damage by tenant insurance claims can be a stressful and challenging experience, particularly when the damage is the result of a deliberate act and the tenancy ended badly. A loss assessor reads the policy first, evidences the malicious nature of the damage, and presents the claim under the correct section. N.J. Carroll & Associates have handled malicious-damage claims for Irish landlords since 1988.

How to Make A Malicious Damage By Tenant Claim

  1. Make the property safe. Secure the building, change locks if appropriate, isolate utilities where damaged.
  2. Photograph and video everything before any cleanup. Wide context shots and close-ups. Date-stamped and unedited.
  3. Report to An Garda Siochana where the damage is criminal. A Garda incident number strengthens an insurance claim and is required by some policies.
  4. Collect any evidence of intent. Messages, social media, witness statements from neighbours, communications during the tenancy that suggest the damage was deliberate.
  5. Notify the insurer in writing without undue delay. Quote the policy number and request the claim form.
  6. Read the policy schedule. Malicious damage by tenant cover varies. Some policies include it as standard, some exclude it, some require a specific endorsement.
  7. Engage a loss assessor. The loss adjuster works for the insurer and these claims are particularly contested.
  8. Prepare the claim and reinstatement schedule.
  9. Document loss of rent during reinstatement.
  10. Negotiate the settlement and cooperate with any related RTB or Garda action separately.

Remember, malicious damage is a specific peril with specific evidential requirements. The Garda report and your inventory are central.

What is considered malicious damage by tenant?

Malicious damage is deliberate damage to the property caused by an occupier or someone they let in. It is distinct from accidental damage (which is unintentional) and from wear and tear (which is normal use). The intent is the deciding factor.

Common examples of malicious damage by tenant claims

  • Deliberate damage to walls, doors, kitchens, bathrooms during or at end of tenancy
  • Cutting or removal of fittings, wiring, pipework
  • Damage to property systems (heating, water, electrics) deliberately
  • Damage to floors and tiles
  • Graffiti and surface contamination
  • Hoarding or contamination requiring specialist cleaning
  • Damage caused by an unauthorised activity (e.g. cannabis cultivation)
  • Garden or outbuilding damage

Does insurance cover malicious damage by tenant?

It depends on the policy. Common conditions and refusal grounds:

  • Cover not in force. Many landlord policies exclude tenant-malicious damage unless specifically added.
  • Garda report required. Some policies require a crime number.
  • Reasonable steps. Insurers may argue the landlord should have taken steps during the tenancy.
  • Vacant period limits. If the damage was discovered after a long vacancy, cover may be reduced.

How N.J. Carroll & Associates Can Help

We are one of Ireland’s most experienced loss-assessing firms, established 1988, regulated by the Central Bank of Ireland. We act as the landlord’s representative throughout, take the stress and worry off your hands, and ensure that you receive your full entitlement. We are wholly independent and committed to your interests alone.

Our standard fee is 8% plus VAT of the total settlement, no-win, no-fee. The initial consultation is free.

If a tenant has caused malicious damage to your property, please do not hesitate to contact us today. For related claims, see tenant damage claims, loss of rent claims, and burglary damage claims. Reach the local team at loss assessors Dublin.

N.J. Carroll & Associates Ltd are regulated by the Central Bank of Ireland. Our Financial Regulator Certificate number is C41330. Niall Carroll is a member of the Society of Chartered Surveyors and the Royal Institute of Chartered Surveyors. We are also a member of the Irish Claims Consultants Association.


Related Insights from the Claimsroom

Why a specialist matters

What you get with a Malicious Damage loss assessor

Immediate damage control

Same-day site visit. Make-safe and emergency repairs arranged. Claim opened before the insurer's adjuster lands.

Clear, ongoing updates

Every conversation logged. Every offer presented to you in writing. You make every decision; we do the negotiation.

Maximum settlement secured

Detailed schedule, evidenced and presented. We push until the insurer pays the full entitlement, not the easy figure.

Cover heads we claim

You are entitled to more than you think

Most home and commercial policies include cover heads policyholders never claim, simply because nobody told them. We read the policy line by line so nothing is left on the table.

Buildings reinstatement

Full structural repair to original specification, not depreciated "indemnity" value.

Contents

Furniture, appliances, soft furnishings, replaced new-for-old where the policy permits.

Alternative accommodation

If your home is uninhabitable, the insurer pays for somewhere to stay until reinstatement is complete.

Professional fees

Surveyors, architects and structural engineers when remedial work needs their input.

Debris removal

Make-safe, emergency boarding-up and full clearance of damaged materials.

Loss of metered services

Water, gas and electricity charged through during the claim period.

Insurers

We know how every Irish insurer works

Three decades of claims means we've handled every major Irish insurer's policy wording, claim process, and adjuster panel. We know what each insurer settles easily and where each one fights.

  • Aviva
  • AIG
  • Allianz
  • AXA
  • FBD
  • RSA
  • Zurich
  • Irish Life
  • Liberty
Recent settlements

Stories of successful malicious damage claims we've settled

Case Study

Burglary claim settled — Wexford

The back door was kicked in during the early hours of the morning, and every room had been searched and there was…

Read story

Case Study

Burglary claim settled — Monaghan

The back door was kicked in during the early hours of the morning, and the alarm system was disabled during the entry…

Read story

Case Study

Burglary claim settled — Tipperary

The patio doors were prised open with a crowbar overnight, and the alarm system was disabled during the entry and required full…

Read story
Frequently asked

Common malicious damage claim questions

Do I need a Garda report for a malicious damage by tenant claim?

Most policies require a Garda incident number where the damage is criminal. Even where it is not strictly required, a Garda report strengthens the claim by evidencing the deliberate nature of the damage.

Will my premium go up if I make a claim?

Some claims trigger a premium increase, some don't, and accidental-damage claims behave very differently from theft or subsidence claims. We'll advise on the wider implications BEFORE you decide to claim, not just push every loss through.

Is the loss adjuster the insurer sent on my side?

No. The loss adjuster works for the insurance company, their job is to validate the claim and contain its cost. Your loss assessor (us) works only for you, the policyholder. They are not the same role.

How much do you cost? When do I pay?

No win, no fee. Our fee is a percentage of the additional settlement we secure above the insurer's opening offer, agreed in writing up front. If we cannot improve on what the insurer would have paid you anyway, you owe nothing.

Can you visit me anywhere in Ireland?

Yes. Our office is in Dublin 6W and we serve every Irish county. Same-day site visits are routine for emergencies; standard non-emergency visits within 48 hours.

I've already made my claim and the insurer has offered me a settlement. Is it too late?

Not at all. We can step in at any stage of a claim, even after an offer has been made, and frequently improve the settlement. Don't accept the offer until you've spoken to us, signing accepts the figure as final.

Brief us on your malicious damage claim

Don't take the insurer's first offer on malicious damage

Tell us what happened. Free advice, no obligation, response within the hour during business hours.

Suffered malicious damage? Don't take the insurer's first offer.

Talk to us before you talk to your insurer. Free, no-obligation advice. We typically reply within the hour.