Axa refusing Landlords damage claim on excuse of "Tenants Lifestyle"

[mrscsmith]

I have a Landlord policy with AXA.  The tenant became mentally ill and alcoholic which was hidden from me for quite some time.
Then he had to be evicted due to serious property damage and unpaid rent.
He decided he was too lazy to go toilet so filled the bed, carpets, wall, white goods with urine and excrement.
The furniture was all soiled or broken.

Axa are now refusing most of the claim saying "Tenants Lifestyle" not covered.  I have triple checked my policy, before buying it and after and nowhere does these words appear.
It clearly states I am covered for loss of rent and malicious and criminal damage.
How can urine, excrement and smashed furniture be classed as "Tenants Lifestyle"

Why isnt tenants lifestyle mentioned in the police as an exclusion?
Are these the new spoof words to turn down every claim?

Has anyone heard of this before I am sure they are making these words up to avoid paying.
The claim if over £9,000 in total.

I have searched the internet everywhere and no where does it state tenant lifestyle in regards to insurance.

Looks like Axa is using it as a scam not to pay a genuine claim.
Any advice please?

 

[unclebulgaria67]

What they mean is the damage caused by the tenant happened over a period of time and did not relate to one event/episode.  If the tenant had carried out a malicious act, causing the damage stated and was not a case of them not managing to look after themselves and your property, then you would have a valid claim.

 

I don't think you could describe the tenants actions as malicious or criminal. They had a mental health crisis including use of alcohol.

 

Ask AXA to explain their decision in writing again, but insist that they need to state exactly which parts of the policy wording they have used to decline the claim. Tell them you have read the policy and it does not state "tenants lifestyle" anywhere you could find.

 

I don't think the claim is valid based on what you have said, but AXA have done a poor job in explaining.  These landlord policies won't normally cover damage or loss of rent in circumstances like these.

[Ethel Street]

I agree that AXA's reasoning is probably that the tenant's actions are neither malicious nor meet the legal standard for "criminal damage" and therefore don't fall within the policy. The policy doesn't give "All Riaks" of damage cover.

 

I would ask for their loss adjusters report if there is one. What information did they actually have on the tenant's medical condition that let them arrive at this conclusion ? Did the tenant authorise them to acces his medical records? If not are their conclusions just speculative? Implicit in their reasoning is that the tenant's mental heath prevented him having the necessary criminal intent ("mens rea" in lawyers' jargon") to cause crim inal damage. But AXA should be asked to prove that, not just assert it.

 

You could also research the legal definitions of "criminal damage" - CPS website is the best starting point.

 

Does the policy define "malicious and criminal damage."?

[mrscsmith]

Some of the damage is smashed pipe work, smashed bath, slashed leather settees, filthy carpets, destroyed mattresses, chunks out of cupboards etc etc.  If this is not malicious then I dont know what is.  He even got a nail type thing and scraped the word "c * n t" into the kitchen walls that had to be refilled, sanded and repainted. 

They have no medical evidence I just said that he was an alcoholic that was clear when he took the tenancy.  He lost his job due to turning up drunk to work on trains.  Lost his car after drink driving.  His friend gave me this information and from the video its quite clear its an alcohol issue as bottles litter the house.

The policy covers both malicious and criminal damage along with water damage, accidental damage and rent arrears.  I assumed this policy covered everything as there were very few exclusions.  I read the small print before taking it out.

The loss adjuster was sent videos and hundreds of photos that she has not bothered to look at as coming back with stupid questions that are clear from looking at the photos.   Said the house had to be decontaminated after he put excrement everywhere but now saying that is not covered.  Cleaning and repainting cost £1500. 

Police have videos and photos and refuse to do anything saying its a civil case claim on your insurance.

[unclebulgaria67]

Advice has not changed to what I posted earlier.

 

But Axa need to explain their reasons better.

 

May be you could go back to the Police to challenge that criminal act were involved, as I guess if they did change their view on this, that the Insurers may have to look at the claim again. 

[mrscsmith]

1 hour ago, unclebulgaria67 said:

Advice has not changed to what I posted earlier.

 

But Axa need to explain their reasons better.

 

May be you could go back to the Police to challenge that criminal act were involved, as I guess if they did change their view on this, that the Insurers may have to look at the claim again. 

The police have said I have no proof the tenant did the damage!!!  They basically want CCTV inside the house of him smashing the place up otherwise there is no proof - who on earth could provide that?  They said claim on your insurance so you get caught whatever way you turn.