Mandalia & Anor v Beaufort Dedicated No2 Ltd

Mandalia & Anor v Beaufort Dedicated No2 Ltd

The claimants are entitled to indemnity only for items proven to be maliciously damaged by the tenants, namely the toilets, kitchenette, heating radiators and pipework, and cleaning. The majority of the claim relates to dilapidations or damage incidental to removal of property, not malicious acts. The theft and accidental damage sections of the policy do not apply due to exclusions. The claim for loss of rent is limited to three months, reflecting the time needed to repair the malicious damage. The allegation of fraud against the claimants fails as dishonesty was not proven.

Parties
Claimant: Arvind Manilal Mandalia; Claimant: Bina Arvind Mandalia; Defendant: Beaufort Dedicated No.2 Limited
Jurisdiction
England and Wales
Judgment Date
28 November 2014
Procedural Posture
Civil / Judgment After Trial
Outcome
Judgment for the claimants in part
Legal Topics
Insurance Coverage, Malicious Damage, Theft Exclusions, Business Interruption, Loss of Rent, Dilapidations, Fraud Allegations
Insurance Law Landlord and Tenant Law Insurance Coverage Malicious Damage Theft Exclusions Business Interruption Loss of Rent Dilapidations +1 more

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Parties

Arvind Manilal Mandalia

Claimant

Bina Arvind Mandalia

Claimant

Beaufort Dedicated No.2 Limited

Defendant

Procedural Posture

Civil / Judgment After Trial

Legal Issues

  1. 1 Whether the insurance policy covers the alleged malicious damage and theft by tenants on 5 April 2009
  2. 2 Whether the claimants' loss of rent is recoverable under the policy
  3. 3 Whether the claimants or their agent acted fraudulently in presenting the claim

Ratio Decidendi

The claimants are entitled to indemnity only for items proven to be maliciously damaged by the tenants, namely the toilets, kitchenette, heating radiators and pipework, and cleaning. The majority of the claim relates to dilapidations or damage incidental to removal of property, not malicious acts. The theft and accidental damage sections of the policy do not apply due to exclusions. The claim for loss of rent is limited to three months, reflecting the time needed to repair the malicious damage. The allegation of fraud against the claimants fails as dishonesty was not proven.

Court Disposition

Judgment for the claimants in part

Orders

  • Defendant to pay claimants £15,750.00 for malicious damage and loss of rent
  • No award for stolen property or other heads of claim