Is a landlord legally responsible for insurance on a rented property?

RollaCorolla

New Member
Joined
Mar 15, 2018
Messages
2
I am negotiating a lease for an agricultural smallholding. There is a fair bit of infrastructure on the property - main house, large polytunnel, water pumps, chicken houses, fruit trees, etc. The landlord says he is only insuring the house and none of the agricultural part of the property. What concerns me is am I then responsible for any damage to that infrastructure, say if lightning strikes the polytunnel or something? He obviously wants the property returned in a similar condition at the end of the lease period, fair wear and tear excepted. Does anyone know the legal position here?
 

the eskimo

Senior Member
Joined
Nov 5, 2007
Messages
514
No standard situation here. The lease agreement will determine who is responsible for insurance of the leased property. It should also state who would be responsible should any loss occur to the leased property.

You have a couple of options,
i) insure the agricultural equipment on your own insurance policy, you would need to demonstrate that you are responsible for the equipment to an extent that you have an insurable interest in the equipment. OR
ii) specify in the lease agreement that you will not be held responsible for any loss/damage to the agricultural equipment. OR
iii) specify in the lease agreement that the insurance for the agricultural equipment shall be the responsibility of the owner.

Disclaimer: not intended to be professional legal/insurance advice.
 

ToxicBunny

Oi! Leave me out of this...
Joined
Apr 8, 2006
Messages
105,125
Straight up the landlord doesn't HAVE to insure the property, but he cannot legally require you to insure it either.... its a risk he must take not you, so long as you take due care with the infrastructure.
 

C4Cat

Honorary Master
Joined
Nov 9, 2015
Messages
13,807
Straight up the landlord doesn't HAVE to insure the property, but he cannot legally require you to insure it either.... its a risk he must take not you, so long as you take due care with the infrastructure.

Depends on the lease / contract which will state what your responsibilities are...
 

ToxicBunny

Oi! Leave me out of this...
Joined
Apr 8, 2006
Messages
105,125
Depends on the lease / contract which will state what your responsibilities are...

Fair enough but anyone who signs a lease to be responsible for existing infrastructures insurance is a bit of a numb nuts
 
Top