Why does clause 8.37 of the Open Rent tenancy agreement (about the tenant returning the property at the end of the lease) include “fair wear & tear and damage by accidental fire excepted”, rather than just “fair wear & tear excepted”? I’ve not seen the fire exception in other AST’s.
Hi Alison, thanks for posting! I can see we have already spoken about this over email, for the sake of anyone else wondering about this on the community I will copy and paste the answer below.
The accidental fire damage clause is insurance related. Based on my understanding of the AST, this clause is included so that if accidental fire damage is caused, the insurer cannot ask you to pursue the tenant for damages before paying out.
Where the tenant was liable for accidental fire damage, the insurer could refuse to pay out until the tenant had been pursued through the courts.
As this is an industry standard contract, and I’m not legally trained, if you’re looking for further guidance on specific clauses of the AST we’d recommend seeking legal guidance.
As always, Rent Now is optional - there’s no obligation to use our service is if it is not suitable. We welcome feedback on the AST if it does not suit your requirements.
Thanks again, Elinor
Thanks Elinor, that was really helpful.