Landlord Insurance - Could T sue?

[Rwarke1]

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

[AndrewDod]

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?

[Kay Powell]

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.

[Rwarke1]

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

[jpkeates]

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.