Leasehold Second Home insurance

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    Leasehold Second Home insurance

    Hi All

    I have a leasehold holiday home (flat).

    The lease states: . . . "the lessor will at all times during said term (unless such insurance shall be vitiated by any act or default of the Lessee) insure and keep insured the building including all common areas and common services against fire and such other risks (if any) as the Lessor shall from time to time determine . . . ."

    There is a 30 day unoccupancy exclusion clause on many of the insured risks and, there are occasions when I do not visit for more than 30 days.

    I would contend that 30 days is an unreasonable limitation and being away for that amount of time does not constitute 'default') However I worry that this means these risks are not insured if I am away for 30 days or more and, for example, if the building is destroyed by fire I would then be liable for rebuild costs (or at least that portion of the rebuild costs associated with my part of the building)?

    If I am so liable, what can I do? Second home insurance seems entirely inappropriate since I am then insuring most of the risks twice?

    Thanks for an insights




    #2
    I think your best bet is to notify the insurers directly that it is occasionally vacant for longer periods . (As long as your lease has no clause against it) otherwise you may be liable as you say.
    Failing that make sure it's occupied at least once a month.
    You can use C19 as a valid excuse currently and once you've notified them you should be covered.
    Most leases will have a clause preventing anything to vitiate the insurance so you could be in breach by not being honest.
    A second policy is not really a solution as it wouldn't cover the whole block anyway .

    Comment


      #3
      yes but . . . the lease says

      "The lessor will at all times during said term (unless such insurance shall be vitiated by any act or default of the Lessee) insure and keep insured the building including all common areas and common services against fire and such other risks (if any) as the Lessor shall from time to time determine . . . ."

      Surely not unoccupancy does not count as 'act or default'

      The 30 day rule is not mentioned in the lease. And why 30 days?
      Does that mean the insurance company could say 7 days and I can do nothing?
      Surely it is the landlords responsibilty to insure . . . AT ALL TIMES . . '?

      If the landlord can arbitrarily say insurance stops at 30 days and I can do nothing, he can also say insurnace stops at 14 days unoccupancy or 7 days unoccupancy and I can still do nothing?

      Comment

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