Flood Advice For Tenants
Something that has caused much disruption and chaos over the last 12 months has been the extent and nature of the flooding that affected large parts of the country this winter, causing mass devastation to homes and businesses. As the water levels go down many are left with damaged and destroyed properties and for those in rented accommodation, it is a point of concern as to who is responsible.
The starting point for the Tenant is to check the Lease document. Most often the case is that the Tenant is responsible for repairs; however, this is usually counteracted by an insurance clause. The insurance clause in the Lease sets out a number of obligations on the Landlord to insure the property for a number of specified risks. These risks are often defined in the definitions as insured risks, and most often include flood damage. If the insurance clause does specify events, such as flooding, then the obligation shifts from the Tenant to the Landlord, who will then be obliged to claim under the policy and use the insurance proceeds to repair the damage. If however flood risk is not included within the insured risks and the usual position in the Lease applies, and the Tenant will be responsible for repair and it will be for them to reinstate the property.
If the flood damage is covered by an insured risk, then there are often additional clauses which deal with rent suspension throughout this time, for example, if the property is un-usable for six months whilst repairs are ongoing, it is likely that the Lease will allow for the rents to be suspended throughout this time. Landlord’s will be protected for a certain amount of time for loss of rent through their insurance policy as these usually cover a certain amount of lost rent. Finally, if the damage is such that the premises are unlikely to become usable again in the near or even distant future, there is often a mutual break clause in the Lease which allows for either party to bring the Lease to an end if by a certain date the premises have not been reinstated, this usually coincides with the amount of time that the rent is suspended for.
If you would like any more information on this or if you would like to know how we may be able to help with any other lease enquiries then please contact Jonathan Ritson at email@example.com
Bridgnorth solicitors for Bridgnorth people: andrews ritson
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