Real Estate Agents
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Malicious and/or deliberate Damage

Whenever malicious or deliberate damage is discovered it is imperative that the agent contact us in order for us to determine what action is to be taken and so that we may guide the agent through the steps of a malicious damage claim. By doing this it will help to ensure that no part of the claim is jeopardized. This will also enable us to determine if an assessor is to be appointed. The damage must also be reported to the police as malicious or deliberate damage.

Malicious damage means damage committed on the property which is motivated by spite, malice or vindictiveness with the intention of damaging the property. Deliberate damage means an act carried out without the owner's consent and with the full knowledge that the action will alter the current state of the property, but without any spite, malice or vindictiveness.

Neither Malicious damage or Deliberate damage mean damage caused by the landlord or someone acting under the express consent of the landlord or the landlord's family, tenant carelessness, neglect, unhygienic living habits or poor housekeeping, damage caused by children, damaged caused by domestic pets, scratching, denting or chipping.

The Landlord Preferred Policy considers malicious and deliberate damage caused to the Landlords contents by any person and malicious and deliberate damage caused to the building by tenant's, tenants' family or invited guests only.

Documentation required when submitting a claim:
  • Completed claim form
    Download Claim Form (106kb)
    Ensure the back of the form is signed
  • Copy of lease agreement for defaulting tenant
    Confirm lease dates and rental amount
  • Evidence of Bond refund
    Cheque remittance, email or trust account receipt
  • Proof of advertising
    Copy of advertisement/account, copy of rental list, copy of internet activity statement - two forms are required by the insurer and advertisements should be dated and include the relevant property address
  • Copy of lease agreement for new tenant
    If re-let to confirm date
  • Copy of tenant's full rental history ledger
    Showing FULL rental payment history from the beginning of the lease
  • Copy of all Notices issued e.g. Remedy/Leave/Termination, order of Tribunal
    Include all notices for three months prior to vacate date
  • Copy of Application for Tenancy
    For our recovery purposes
  • Copy of the Police Report/Number
  • Quotes for repairs and clean up costs
  • Copies of periodic/general inspections
  • Copies of photographs taken

N.B. The completed claim form and relevant documentation relating to Loss of Rent claim is to be given to the Assessor at the appointment.