Letting agreement wording - LL's responsibility to insure tenants' property?

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    Letting agreement wording - LL's responsibility to insure tenants' property?

    My letting agent's contract (AST in England, let unfurnished) reads, under a heading of "CONDITIONS TO BE KEPT BY THE LANDLORD"

    "To insure the buildings and contents of the Property under a general household policy"

    I feel that this could encourage the erroneous belief that many tenants hold that it is the LLs responsibility to ensure the tenant's belongings, and that it might even be interpreted that way by a court. I have asked the agent to change this clause to make clear that LL will insure only LLs contents.

    They refuse to change this (and other clauses I'm not happy about) so I am considering sacking them and finding a different tenant via another agent.

    Am I worrying unduly about this clause?

    #2
    You can't comply with that - it's not possible for a landlord to insure the property contents under a general household policy.

    General household policies assume that you own the goods you're insuring and you'd never be able to complete the application form without lying.

    Landlords don't insure their tenant's contents, it just doesn't happen.

    If that's a condition of their standard tenancy agreement, they're incompetent.
    If they won't change it when you tell them to, that's a huge red flag - they work for you, not vice versa.
    When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
    Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

    Comment


      #3
      That's pretty much what I thought, thank you

      Comment


        #4
        A tenancy agreement should not impose on the landlord an obligation to insure anything. A landlord should only take on an obligation to insure where the tenant reimburses the premium.

        Comment


          #5
          I would image this needs clarification by the agent, as I would assume it means the LL contents not the T's, such as carpets, fixtures and fittings in the property that belongs to the LL.

          Comment


            #6
            Your insurance policy can only cover your own property and only the named policy holder can make a claim under the policy.

            Comment


              #7
              Originally posted by Gordon999 View Post
              Your insurance policy can only cover your own property
              It is wider than that. Insurance is a contract for indemnity. You can insure against any loss you are liable to sustain - subject of course to an insurer being willing to offer cover. So, to benefit from insurance you need to have an insurable interest. If you have an obligation to repair something you do not own if it is damaged you have an insurable interest.

              Comment


                #8
                The "insurable risk" applies to the policyholder's own property in a flat where you can have properties belonging to both leaseholder and rental tenant.

                Comment

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