Landlord Insurance - Could T sue?

Collapse
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

    Landlord Insurance - Could T sue?

    Hi all,

    Could a Tenant sue a Landlord for not having insurance if it is explicitly mentioned in the tenancy agreement?

    The exact wording of the agreement is:

    From section 5- Landlord's Responsibilities

    5.5 To Maintain a comprehensive insurance policy with a reputable company to cover the Property, and the Landlord's fixtures, fittings and effects (including carpets and curtains), but not including the Tenant's belongings.

    5.6 That the Landlord will not be responsible for any loss or inconvenience suffered as a result of a failure of supply or service to the Property, supplied by a third party, where such failure is not caused by an act or omission on the part of the Landlord.

    5.7 The Landlord agrees to provide a copy of the insurance and any freehold or head lease conditions affecting the behaviour of the Tenant.

    Tenant has been living in the flat for a year and the Landlord has not had an insurance policy.

    Thanks,
    Jack

    #2
    5.5 is a ludicrous clause to have in a tenancy agreement. Whether landlord wishes to insure his property is up to him (as is is up to him to decide if he wishes to claim on such a policy - or not - should there be one).

    Since the insurance would only ever be to cover the landlord for HIS losses and risk you as tenant cannot suffer any loss as a result of failure of landlord to insure his property. So what exact loss do you expect to sue for?

    Comment


      #3
      LL insurance includes public liability, so I suppose that the tenant or a visitor to the premises might benefit from that, but I can't see how you could actually sue the LL for not having insurance.

      Comment


        #4
        Apologies,

        I think 'sue' was the wrong word. I'm asking if the Landlord could potentially suffer any consequences for this breach of contract?

        I am not the T or L btw.

        Thanks

        Comment


          #5
          A breach of contract would allow the affected party to sue for compensation for their loss.
          But they'd have to have a loss.
          Technically that could include compensation for lying awake worrying about not being insured, but that's not particularly likely.
          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

          Latest Activity

          Collapse

          • Reply to Unoccupied Property Insurance
            by ifallelsefails
            I've looked at unoccupied insurance a lot and I found that the most comprehensive insurer and least burdensome out there was from Alan Blunden Insurance Brokers (they run the "ABACUS" system which allows other insurance brokers to insure through them too).
            You can go to Cover4LetProperty...
            22-01-2022, 22:27 PM
          • Unoccupied Property Insurance
            by Marcus Read
            Every landlord has void periods, and I have one now. I would like to insure for the obvious risks, such as unauthorised occupants (squatters), malicious damage, etc. But whenever I've looked into this, insurers say they will only offer 'FLEEA' insurance (fire, lightning, explosion, earthquake, aircraft)...
            24-12-2021, 10:56 AM
          • Reply to Can I get property owner's liability insurance on its own for a house?
            by ifallelsefails
            You probably want to look at something like renovation insurance, Home Protect offer it with public liability insurance: https://www.homeprotect.co.uk/renovation-insurance
            22-01-2022, 22:08 PM
          • Can I get property owner's liability insurance on its own for a house?
            by JamesHopeful
            Is it possible to obtain property owner's liability on its own for a house?

            I realise that it is normally purchased as part of a buildings insurance policy. However, there are some circumstances where buildings insurance may not seem necessary (e.g. for a house which will soon be demolished,...
            20-01-2022, 10:51 AM
          • Ensuring Insurance
            by AVJ113
            Looks like I'm going to get my first rental property. I will be getting a BTL mortgage for a small, very cheap house, possibly with a sitting tenant. What minimum insurance do I need legally; what do you advise on top of that, and who is the best provider of such insurance?
            22-01-2022, 18:05 PM
          • Reply to Ensuring Insurance
            by theartfullodger
            None legally, but very very likely the mortgage will require it. Check exact requirements.

            And when does the tenant say they 1st moved in (don;t trust vendor, agent or solicitor..)??
            22-01-2022, 18:52 PM
          • Reply to Unoccupied Property Insurance
            by L4NDLORD
            Certainly the Zurich wording says a " Responsible Person " must inspect unoccupied premises at least once a week; there are also other risk requirements, esp during the winter
            15-01-2022, 18:40 PM
          • Reply to Unoccupied Property Insurance
            by Piffy
            I once had a Commercial Property and had to close my business for a month because a car drove into the front of the building and demolished the doorway. I wnt on holiday for 2 weeks and when I returned I went to the property and let myself in through another door and everything was OK. That night the...
            11-01-2022, 13:45 PM
          • Reply to Protfolio Landlord Insurance
            by Steve Barnes
            I always recommend that you should have a check list of the covers that are important to you and make sure that these covers are included within the quotations that you receive. That way you can compare the premiums easier and make sure it meets your needs, for example, as the property is being rented...
            10-01-2022, 13:19 PM
          • Protfolio Landlord Insurance
            by MorProp
            Hi all,

            Can anyone recommend an insurance provide or broker for freehold BTLs?

            also, from your experience, what should be covered and what to look out for?

            how do you deal with emergencies?

            thanks!
            05-01-2022, 09:36 AM
          Working...
          X