Deposit Deduction for Increased Insurance Premium/Excess for claim for tenant damage?

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    #16
    Originally posted by DPT57 View Post
    Does that mean that its not in the landlords interest to have a clause in the TA promising to insure?
    What benefit would you have in removing it unless you hate your prospective tenants or are the insurer.
    I am not a lawyer, nor am I licensed to provide any regulated advice. None of my posts should be treated as legal or financial advice.

    I do not answer questions through private messages which should be posted publicly on the forum.

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      #17
      Originally posted by DPT57 View Post
      Does that mean that its not in the landlords interest to have a clause in the TA promising to insure?
      It is not recommended in any event for short term residential tenancies. Generally speaking, if a landlord agrees to do something and does not do it the landlord is liable for any loss the tenant suffers as a result.

      Where the landlord insures, any obligation on the tenant to repair should exclude damage by an insured risk unless the insurer witholds payment on account of some act of the tenant. That means that the tenant should be covered for any accidental damage through negligence just as an owner-occupier would be. The tenant should be liable for deliberate damage.

      What the tenant is liable for here depends on the precise terms of the tenancy. It is doubful whether the clause "not to do or suffer to be done anything whatsoever whereby the rate or premium for any insurance of the Premises may be increased" applies. There is an argument that it is the claim which has increased the premium.

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