A guide to dealing with tenant vandalism

Building a rental property portfolio is a brilliant way of securing a passive income stream, but sometimes, there can be hiccups along the way. Even if you complete a rigorous tenant screening process, unforeseen experiences like tenant vandalism can occur.

Vandalism by tenants can be heartbreaking, frustrating and potentially costly. However, this guide will help you build back better by detailing the steps to take after tenant vandalism, such as gathering evidence and potential legal action. This will allow you to protect your investment as much as possible and quickly get your property back on the rental market.

What is tenant vandalism?

Vandalism is when the tenant causes intentional damage to your rental property. Examples of tenant vandalism include broken windows, broken fixtures, fittings and appliances, holes in the walls, graffiti, and cutting down trees without permission.

It can be pretty upsetting to discover your rental property has been subject to vandalism by the tenant. But it is vital to remain calm and go through the correct process. The first steps include making sure the damage has been caused deliberately, as it can easily be confused with accidental damage and wear and tear.

The potential risk of tenant vandalism reinforces the need to conduct a property inventory at the start of the tenancy and then schedule periodic property inspections. 

Accidental damage and wear and tear

Sometimes, it is difficult to distinguish the difference between tenant vandalism and accidental damage. For example, someone can deliberately smash a broken window by throwing something directly at it, or accidentally smash it while playing with a ball in the garden.

You might also notice minor marks on the walls, which could be considered fair wear and tear. Fair wear and tear is the amount of damage that can you can reasonably expect throughout a tenancy. This is something which the landlord needs to anticipate and allow, especially during a long-term tenancy. For more guidance on fair wear and tear, check out our wear and tear advice article to help you distinguish between tenant vandalism and fair wear and tear.

Steps to take after vandalism by tenants

Once you have discovered the damage and suspect tenant vandalism, staying calm and going through the correct process is important. This starts by gathering evidence. Getting high-quality evidence is an important step as it will bolster your legal standing later in the process.

You will need to gather a portfolio of evidence containing photos, videos, and witness statements. This should be completed before taking legal action or seeking compensation. 

Photographic evidence

• Capture high-resolution images of the damage from various angles.
• Ensure the photos are well-lit and clearly show the extent of the vandalism.
• Include close-up shots of specific details and wider shots to provide context.
• Time-stamp the pictures if possible, or record when they were taken.

Video evidence:

• Record a video walkthrough of the damaged area.
• Capture the scene from different perspectives and zoom in on specific damage.
• Ensure the video is stable and well-lit and the audio is clear.
• Compare the video to any photos or videos from your inventory to highlight the changes caused by the vandalism.
• Time-stamp the video or keep a record of when it was recorded.

Witness statements

• Obtain written statements from any witnesses who saw the vandalism occur or have relevant information. This could include speaking to neighbours.
• Include the witness’s name, contact information, and their account of the incident.
• Ask the witness to describe what they saw, when they saw it, and any other relevant details.
• If possible, have the witness sign and date their statement.

Legal action after vandalism by tenants

Once you have gathered evidence, you can use relevant legal avenues to recover some of your losses. These legal revenues include claiming from the deposit (within the rules of deposit protection schemes) or potentially pursuing a civil claim for larger repair costs.

Claiming from the deposit

Suppose there is evidence of damage to your property, accidental or malicious, and it was not returned in the same condition as at the start of the tenancy. In that case, you can deduct costs from the tenant’s deposit.

Pursuing a civil claim

A tenancy deposit is a safety net, but sometimes, the damage might exceed the deposit. If this happens, the landlord can seek additional compensation from the tenant. If the tenant does not agree to make the additional payment, the landlord can file a claim in the small claims court. This is when the evidence you gathered is handy.

Sometimes, the damage caused by tenant vandalism is so significant that you might consider making an insurance claim. But does landlord insurance cover tenant vandalism? Let’s find out.

Does landlord insurance cover tenant vandalism?

Landlord insurance does not cover tenant vandalism, but it is worth checking your policy to see if you may have an option to be covered but this will be up to a maximum of £5,000. You must provide evidence to the insurance company to ensure your claim goes through without a hiccup.

Measures to take to prevent tenant vandalism

It’s impossible to guarantee your property won’t be a victim of tenant vandalism, but there are steps you can take to reduce the risk as much as possible.

You could try asking for a higher security deposit. A tenant is less likely to deliberately cause damage and try to get away with it if they have more money to lose. Though there are deposit caps in place, so be careful. The deposit cannot be larger than five weeks’ rent for homes where the annual rent is below £50,000 and six weeks’ rent where the annual rent is £50,000 or more.

Completing a rigorous screening process and creating an inventory is also important. It’s helpful to get the inventory signed by the tenant so they know you have photographic evidence of the property’s condition before they move in.