Insurance Claim, New Tenant.

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    Insurance Claim, New Tenant.

    Wondered if anyone could shed some light on this situation and maybe advise the best route.

    We have an empty house, a potential Tenant has approached us to take the property for 'at least' 6 months.

    Now the reason this tenant is looking for somewhere is because she's sleeping in her car because her house has been flooded and she's claiming on her house insurance. The insurance company has told her to go and stay in an hotel but she's got 2 dogs and no local hotels will accept her. The insurance company has said she'll be ok to rent a house for 6 months and they will pay for it.

    So my question is,
    am I letting to the Tenant or the Insurance Company?
    If I am letting to the company does this make any difference to our AST and do I need to word anything differently.
    Has anyone experienced anything like this before and if so have you any advise regarding it.
    Ambition is Critical

    I don't profess to be a knowledge in all areas, my advice is based on life experience.

    #2
    Your letting would be to the tenant wishing to occupy, irrespective of funding source. You might want written confirmation that insurer will pay- better yet, it might pay direct to you, if T so agrees. Use normal AST.
    JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
    1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
    2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
    3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
    4. *- Contact info: click on my name (blue-highlight link).

    Comment


      #3
      I agree with Jeffrey, however I would avoid getting involved with the insurer direct.

      Just say to the tenant that you will let them have the property, six months rent due upfront, subject to a standard AST and let them deal with their insurer.

      Due to the floods, insurance companies are having a hard time processing claims with any amount of speed. Just leave this complication down to the tenant.

      Comment


        #4
        As an aside, there could be a real shortage of rental property in affected areas for a few months.
        Now signature free.

        Comment


          #5
          Originally posted by lorenzo View Post
          As an aside, there could be a real shortage of rental property in affected areas for a few months.
          It's no good highlighting it in red Lorenzo, Jeffrey will still pick you up on it!!

          Comment


            #6
            Originally posted by Colincbayley View Post
            It's no good highlighting it in red Lorenzo, Jeffrey will still pick you up on it!!
            Just wanted to show my progress.
            Now signature free.

            Comment


              #7
              Not in red, as far as I can see!
              But Lorenzo is correct re shortage of housing. Trouble is: all the areas' housing is probably affected, so whoever has a dry house with running water (via taps, not doorways) and electricity will want it for own use.
              JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
              1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
              2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
              3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
              4. *- Contact info: click on my name (blue-highlight link).

              Comment


                #8
                I just had a new BTL idea....

                Now signature free.

                Comment


                  #9
                  Originally posted by lorenzo View Post
                  I just had a new BTL idea....

                  I'll take it, how much do you want PCM?

                  Comment


                    #10
                    Now - there was a query on here a few months ago from a tenant renting a barge. He wanted to know what form of rental agreement his landlord should use and whether Corgi certification was needed for the gas heating installation.

                    P.P.
                    Any information given in this post is based on my personal experience as a landlord, what I have learned from this and other boards and elsewhere. It is not to be relied on. Definitive advice is only available from a Solicitor or other appropriately qualified person.

                    Comment


                      #11
                      Originally posted by P.Pilcher View Post
                      Now - there was a query on here a few months ago from a tenant renting a barge. He wanted to know what form of rental agreement his landlord should use and whether Corgi certification was needed for the gas heating installation.

                      P.P.
                      It's not a barge!

                      It is a delux riverside abode.

                      Comment


                        #12
                        OP, I can tell you what happens as my Insurance company had to rent me a place for six months.

                        Your agreement is with the tenant, but get a fax from the insurance company saying they will pay the deposit and rent.

                        When it happened to me my insurance company paid the agent fees (£135 each ) and paid the deposit. They took 2 months then to pay the rent but then always paid it in advance.

                        My insurance Co was then a bit sneaky in that they owed me a few £'s as part of my claim, so they paid me... minus the deposit!! So I had to go after the landlord for the deposit, and I got this after they checked with the insurance co it was ok to pay it back to me.

                        Comment


                          #13
                          Thanks everyone for the tips and advice
                          I've written the AST for the tenant and taken the deposit and 1st months rent from her.
                          I've spoken to the insurance company who have agreed to pay the whole rent upfront directly to me which I await!! haha

                          Once they pay i'll refund the (already paid) monies to the Tenant and hopefully everybody will be happy.

                          Gareth
                          Ambition is Critical

                          I don't profess to be a knowledge in all areas, my advice is based on life experience.

                          Comment


                            #14
                            [Smiler]: "Your agreement is with the tenant, but get a fax from the insurance company saying they will pay the deposit and rent."


                            ...as I said in post #2.
                            JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
                            1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
                            2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
                            3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
                            4. *- Contact info: click on my name (blue-highlight link).

                            Comment

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