VIC Can I Ask for Compensation from a Tenant?

[dmh181]

I am a landlord in Victoria, Australia. The shed in my rent house caught fire and completely burned due to my tenant activities. I believe that it's possible to evict the tenant for this damage, however, I would like to keep this tenant. The insurance company covers the cost to recover the loss. However, I need to pay the excess ($2,000). May I ask the tenant to pay for this amount and other expenses related to this event or the compensation to make him responsible for what he has done? If yes, what notice should I give him?

 

[Atticus]

If the fire was the result of illegal activity or a malicious act & charges have been laid by police, then you could issue a letter of demand to the tenant as a starting point in a civil claim...

If however it was accidental or there is no evidence/charges of illegal/malicious activity then I don't believe you will be successful in a civil claim... Insurance covers such things & both the insurance premiums & excess are tax deductible if it's an income bearing asset

 

[dmh181]

Thanks Atticus for your reply. The fire caused by a burning fire wood felt out from the wood heater.
Even in case, I need to pay all the expenses, can I have any legal actions to make the tenant more carefully in his activities and prevent the similar problems happen again. Such as: add some strictly points in the tenancy agreement, warning letter...

 

[Atticus]

As a landlord, you can put restrictions in your lease to forbid or limit access to nominated areas, or to prohibit certain things... Not keeping pets on the property is a common one, but you could include a prohibition of the use of any type of wood heater if that is a particular concern.

The breaking of the lease agreement would then give you the right to claim bond money

 

[Rod]

You can seek compensation for accidental damages caused by the tenant.

You need to give a repair notice in a proper format to the tenant.

I can help if you want help with the repair notice.