Legal Expenses
Insurance Introduction - Legal Expenses Insurance under a Landlords
Insurance/ Buy to Let Policy should not be confused with Landlords Liability
Insurance which is a different cover in it’s entirety. Legal Expenses
Insurance cover under Landlords Buy to Let Insurance is normally purchased as an add on
to a Building or Contents Insurance contract. It cannot normally be purchased
in isolation. The covers is usually available vary from insurer to
insurer but usually the cover will include up to at least £25,000 in respect
of Legal Expenses to peruse a claim against a tenant if they fail to fulfill
their obligations under their Short Term Tenancy agreement. The cover is
usually extended to peruse a claim against a guarantor as well as a Tenant.
Other covers available include; property protection, legal defence,
contractual disputes, debt recovery, taxation protection, employment disputes
& bodily injury. Eviction of tenant cover may also be available as well
eviction of squatters. Some insurers will provide defence against
prosecution and as a Landlord it is important to know the rules and
regulations relating to letting property. If you are worried about prosecution
under any of the following acts, you may be able to locate any insurance cover
to protect you.
Gas Safety (installation and use) Regulations 1994 - The Gas Safety
(Installation and Use Regulations) 1998 place an obligation on the Landlord to
make sure that all gas fittings and appliances and flues supplied with the
accommodation are maintained in a proper and safe condition. As a Landlord you
should provide Instruction booklets for each gas appliance supplied for use in
the property. Typical gas appliances include Central Heating Boilers,
room heaters, water heaters, cookers, etc. Flues must always be correctly
installed and maintained. Open flues are forbidden in any room used for
sleeping. The regulations also specify that a CORGI registered gas
installer/ engineer carry out an annual safety check on gas appliances.
You must keep a record of all safety checks including proper records of any
problems found and repaired. You must issue your tenant with a gas certificate
within 28 days of the service showing that all items are in correct safe
working order. Failure to comply with the regulations could result in a
fairly hefty and possibly 6 month's imprisonment per item not complying. There
is also the possibility of manslaughter charges in the event of death. The
Tenant may be able to sue you for civil damages.
Furniture and Furnishings (Fire) (Safety) (Amendment) Regulations 1993
- Any furniture and furnishings provided by you for use in the property rented
must meet the fire requirements of the above regulations. All
upholstered furniture and upholstery is covered by the act; this would include
Sofas, chairs, armchairs, cushions, futons, sofa beds, mattresses pillows etc.
If you supply garden furniture which could possibly be used in the home, this
is covered by the act as well. Interestingly, duvets, loose mattress covers
and carpets are not covered by the act. Any furniture sold after 1990
will have a display label so you can easily spot if it satisfies the above
conditions. Again failure to comply with this act can lead to a rather large
fine or imprisonment.
You may also face manslaughter charges or possibly be sued by the tenant
The Electrical Equipment (Safety) Regulations 1994 - Whilst there is no
statutory obligation (meaning a check carried out at a set interval of time)
on landlords to have professional checks carried out on their rented property
electrical systems or appliances, under the Electrical Equipment (Safety)
Regulations 1994 & The Plugs and Sockets etc. (Safety) Regulations 1994, which
come under the Consumer Protection Act 1987, there is a standard obligation to
make sure that all electrical equipment is safe for use. You should thus
make sure that any electrical equipment supplied as part of your rented
accommodation does comply with the above regulations and that all electrical
equipment supplied for use by the tenant is safe for use. You can ask a
qualified electrician to call at the property and for a set fee, he will test
all appliances to make sure that they are safe for use. He should also then
issue you with a certificate of compliance. Failure to comply with the
above act could result in a large fine on a per item basis. You may also face
manslaughter charges and be sued by the tenant.
If you are worried about a particular legal expenses win relation to the
renting of buy to let property, always seek professional advice, you may find
that a policy exits to cover the eventuality that you are worried about.