Insurer rights take Possession damaged Property

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  • Insurer rights take Possession damaged Property

    Some Underwriters have this clause in the Policy Wording:

    "We may enter any building where loss or damage has happened, take possession of the insured damaged property and deal with any salvage in a reasonable way"

    Should any clause like this be legally based or increase the landlord risk in any way.

  • #2
    I can't answer specifically but it seems to me that any clause in an underwriter's policy which you sign up to when you take out insurance would be "legally based" under contract law.

    What kind of risks are you envisaging?


    • #3
      That looks like a very standards clause. For portable property, it stops you gaining extra money by selling it on Ebay. I think it is mainly for things that can or will be removed, but they would also want complete control of the site during any major rebuilding work.


      • #4
        My Policy wording says:

        'Following a claim you must allow us or anyone authorised by us
        a access to premises
        b to take possession of,
        or request delivery to us of any property insured'
        Policy is based on the contract you have signed.

        "I'll be back."


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        • Forced entry
          Call from tenant this afternoon. Police forced entry into his home yesterday under the impression (given by his family and friends) that it was likely a medical emergency.
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          17-09-2017, 15:56 PM
        • Reply to Forced entry
          I wonder if T's family would have been so quick to get the police to kick down the door if it was T's own property?

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          18-09-2017, 19:32 PM
        • Reply to Forced entry
          Let's say the tenants friends and family broke in, caused damage, broke fixtures and fittings etc.

          Would you
          A. Repair the damage, replace any broken items and make a kind request to the tenant to contribute?
          B. Tell the tenant to fix the damage caused on his watch?
          18-09-2017, 18:41 PM
        • Reply to Forced entry
          If your tenant did not live there, the damage would not have happened.

          You cannot be responsible for the health of your tenants. That is their concern.
          You cannot be responsible for his family or friends knocking down your door due to a health concern.

          The Whole family
          18-09-2017, 12:25 PM
        • Reply to Forced entry
          Because he is the current resident of the property and responsible for what happens while he lives there.

          If they moved out today, you would claim the damage you found from their deposit.

          He can try claiming the costs from his over concerned family (although the police are...
          18-09-2017, 09:05 AM
        • Reply to Forced entry
          I remember saying that once and then afterwards thinking, so why have I paid premiums for 20 years if I never intended to claim... duh!...
          18-09-2017, 08:59 AM
        • Reply to Forced entry
          I would ask the family to pay something at least. If they don't I would consider eviction as you can't have this happening again. It may be incidental anyway if you have already contacted insurers, you may find your premium rising even if you don't make a claim.
          18-09-2017, 08:36 AM