Malicious Damage explained

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In the rental business, not all deals end with both sides being satisfied/happy. There might be events in which the tenant decides to lash out their disagreement towards the items on the property. When a property is protected by BlueDuck Zero Deposit (, the landlord will have one less issue to worry about but Landlords always have the misconception that all damaged items are claimable uncertain if it’s a wear & team items or malicious damage.

Now.. Let's define MALICIOUS 

The definition of malicious is showing spite or intentionally wanting to cause harm to someone. Besides that, malicious intent means the person acted willfully or intentionally to cause harm, without legal justification. An example of malicious activity is bending or damaging the blades of a ceiling fan. 


Damages imply physical harm that impairs the value, usefulness, or normal function of something. Damage "does not necessarily imply total loss of system functionality, but rather that the system is no longer operating in its optimal manner". Damage to physical objects is "the progressive physical process by which they break" and includes mechanical stress that weakens a structure, even if this is not visible. 


Malicious Damage of property can be defined as intending to cause damage to the property, or an intending to destroy it. Damage can mean defacing, marking, removing the property or even causing it to be broken. It can be as simple as kicking a door or punching a wall. The damage does not have to be permanent. The intention behind damaging the property can be either reckless or intentional.


Types of Non-Claimable Malicious Damage


Missing Keys/ Access Card

Might not be considered as the tenant might have misplaced it unintentionally.

Broken Pipe Line (Internal)
Non- claimable as it might be caused by improper fittings during installation.
Wallpaper / Paint
Non- claimable as it can be claimed for it would mean to purchase and install/repaint the entire wall which is unnecessary.
Wear & Tear Items
Non-claimable as wear and tear items are designed to break/damage after a certain period of time or excessive usage.
Electrical Appliances
Claimable with supported by a technical report stating that the damage was done by the tenant (not by a lightning strike, or old age).
Broken Kitchen / Wardrobe door
Cabinets with loose hinges or worn-off hinges would not be considered malicious damage.
Rubber Items (Washer in pipes leaking)
Non-Claimable as rubber materials are considered a part of wear and tear items and might get damaged due to many other circumstances.


It is always necessary for the Landlord to understand the difference between malicious damaged situations/items. Double check if items are sustainable throughout tenancy period shall reduce dispute to happen during the tenancy. With that, both the landlord and tenants are able to have a smooth tenancy. 

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