Popping up in the Landlord UK Facebook group is this tough spot: “My 80-year-old mum’s rental (let 25+ years) has cracks and bulging brickwork. Builder and engineer say previous tenants cut roof trusses to use the loft as a bedroom, making the roof unsafe. Does landlord insurance cover this?” If you’re a North East landlord in areas like Sunderland or Durham (where older properties often face similar mods, and yields average 7-10%), this is a nightmare—structural fixes can cost £5k-£20k. With the Renters’ Rights Bill (Royal Assent expected Sept/Oct 2025) emphasizing tenant protections, insurance claims are key. Let’s break it down engagingly, like a crisis workshop, with steps to check coverage, claim tips, and North East advice to protect your portfolio (and mum’s peace of mind).
The Issue Unpacked: Tenant Malicious Damage and Insurance Coverage Tenants altering structures (like cutting trusses for unauthorized use) is malicious damage if intentional—common in lofts turned bedrooms, causing subsidence/cracks. Standard landlord policies cover perils like fire/flood but often exclude tenant-caused damage unless you have “malicious damage by tenants” add-on (optional, extra premium). If covered, it includes structural repairs (e.g., roof reinforcement £10k-£15k North East avg per Checkatrade), but exclusions apply for wear/tear or if not reported promptly. For 2025, policies like Direct Line/Total Landlord offer this, but pitfalls include no add-on (claim denied) or lack of evidence (e.g., no police report). Pros: Claims average £2k-£5k for malicious damage. Cons: Excess £500+, and if tenants long-gone, proving malice is hard.
Step-by-Step Solutions: Checking Coverage and Claiming in 2025 Don’t assume—follow this plan to assess and act, with North East tips (e.g., lower engineer fees £300-£500 vs. UK £800).
- Review Your Policy Immediately (Prep: 1-2 Days) Dig out the policy document/schedule—look for “malicious damage by tenants/occupants” clause. Standard buildings cover (fire/flood/vandalism) might not include tenant acts; add-on does (e.g., Direct Line covers structural like ripped units or cannabis farms). Check exclusions: Accidental vs. malicious (cutting trusses likely malicious if intentional). North East: Providers like NRLA/AXA offer tailored add-ons—call helpline (free) or use apps like Policy Expert for quick scans.
- Gather Evidence for a Claim (Prep: 1 Week) If covered: Report to insurer ASAP (within 30 days typical). Submit: Engineer report (£300-£500 North East, e.g., via IES Ltd Sunderland), photos of damage/trusses, tenancy agreement (proving unauthorized alterations), police report if vandalism (call 101, free). Proof of tenant responsibility: Inventory/check-in report showing original state. Pitfall: No add-on? Claim denied—common top 5 issue. If not covered: Sue ex-tenants via small claims (£35-£115 fee) or deposit scheme (free TDS arbitration). Pro Tip: For 80-year-olds, use Power of Attorney (£150 setup) to handle.
- File the Claim and Mitigate (Week 2-4) Insurer assesses (surveyor visit, free). If approved, repairs covered up to buildings sum insured (avg £200k-£500k). Excess £250-£500. Loss of rent add-on (optional) covers voids during fixes (£1k/month typical). If denied: Appeal with more evidence or switch providers (e.g., Total Landlord for malicious add-on, £50-£100 extra premium). North East: Local builders like North East Roofers (£10k-£15k truss fix) offer insurance-friendly quotes. Grants (ECO4 £5k-£10k for energy upgrades during repairs) via Energy Saving Trust.
- Evict/Repair if Tenants Involved (Ongoing) If current tenants: Serve Section 8 notice (ground 12 for damage, 2 weeks). Past tenants: Trace via referencing agency (£20-£50). Safety first: If roof unsafe, emergency repairs (insurer may cover interim).
- Prevention for Future: Safeguard Your Portfolio Ban loft access in agreements; annual inspections (£50-£100). Add malicious damage cover (5-10% premium hike). Tenant refs/check-ins with photos. North East: NRLA local groups offer free templates; add-ons from AXA/Direct Line suit older properties.
Real Win: A Durham landlord claimed £12k for tenant-caused subsidence (similar truss issue)—add-on covered, via police report. Your mum can too—get pros involved for ease.
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