Is it reasonable to ask agent to modify letting agreement (and sack them if refused)?

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    #16
    In a multi storey building it is quite a good idea to insist on the tenant insuring their contents as it will provide cover if the tenant negligently floods out the people below by leaving a bath running to overflow

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      #17
      Originally posted by slopemaster View Post
      I have now sacked the agent, as they insisted the insurance clause had to stay "because it could be a condition of your mortgage".
      That doesn't actually make sense.

      I think you are better off without them.
      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).

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        #18
        Originally posted by flyingfreehold View Post
        In a multi storey building it is quite a good idea to insist on the tenant insuring their contents as it will provide cover if the tenant negligently floods out the people below by leaving a bath running to overflow
        Tenants contents and accident insurance is £1 A week via direct line and covers the tenant for any stupid accidents. Some agents insist they take it out.

        My landlords insurance covers the building but also the fittings for damage by the tenant.

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          #19
          Originally posted by flyingfreehold View Post
          In a multi storey building it is quite a good idea to insist on the tenant insuring their contents as it will provide cover if the tenant negligently floods out the people below by leaving a bath running to overflow
          Contents insurance will not cover damage to the fabric of a property. You do not want the tenant to have such insurance anyway as it may lead to double insurance problems. If you are letting you need to make sure that your insurance covers the tenant's negligence.

          The now withdrawn OFT guidance on unfair terms considered that requiring the tenant to take out insurance for his own belongngs was an unfair term. It is in any event not something a landlord needs. There is though no harm in including in the tenancy agreement a statement advising the tenant that his belongings are not covered by the landlord's insurance and that taking out his own cover is recommended.

          The terms of the tenancy agreement and insurance should dovetail.

          If you want the tenant not to do anything whch contravenes the insurance you must supply a copy of the policy or a relevant extract.

          Any obligation on the tenant to repair must exclude damage by an insured risk except to the extent that the insurer refuses to pay out on account of some action of the tenant. (You though want to make sure so far as you can that the insurer cannot do that.)

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            #20
            Originally posted by Lawcruncher View Post
            The now withdrawn OFT guidance on unfair terms considered that requiring the tenant to take out insurance for his own belongngs was an unfair term. It is in any event not something a landlord needs. There is though no harm in including in the tenancy agreement a statement advising the tenant that his belongings are not covered by the landlord's insurance and that taking out his own cover is recommended.
            The tenant fees act makes it illegal to require a tenant to enter into any contract with a 3rd party (other than for utilities).
            So requiring a tenant to take out insurance isn't legal and would be automatically unfair.
            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).

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              #21
              Originally posted by jpkeates View Post
              The tenant fees act makes it illegal to require a tenant to enter into any contract with a 3rd party (other than for utilities).
              Does that mean a specified third party?

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                #22
                Originally posted by Lawcruncher View Post
                Does that mean a specified third party?
                I don't think so, but there's zero case law to back that view up.

                A landlord must not require a relevant person to enter into a contract with a third party in connection with a tenancy of housing in England if that contract is—
                (a)a contract for the provision of a service, or
                (b)a contract of insurance...
                [This] does not apply if the contract is for—
                (a)the provision of a utility to the tenant, or
                (b)the provision of a communication service to the tenant.
                Does "a" mean any?
                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


                  #23
                  Our material damage insurer (in this case for a two storey conversion) paid a claim for a water leak into the flat below caused by the tenant above letting the bath overflow. The buildings insurer wanted the full details of the first floor tenant to make a claim against them. The insurers said that if the first floor tenant had contents insurance it would have covered the tenants who caused the loss for the uninsured excess. In the end the tenants said they had no cover nor money and the whole thing fizzled out

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