Can a letting agency force you to take out insurance??

Judith_W

I agree they shouldn't necessarily force you, but surely if you are renting and there is a fire or something, you would need to put the house back to rights incl flooring, kitchen, painting all the walls etc. It certainly wouldn't be covered by your deposit and I can understand them wanting to mitigate their liability if there was a fire / flood and you did a runner

waltergropius

Re: flooring etc, I'm pretty certain the landlord is responsible for insuring this. The letting agency are referring only to the insurance of my personal possessions.

polkadot

waltergropius wrote: »

Thanks for the replies everyone

The whole thing seems ridiculous. They may as well establish a link with Kellogg's and force me to eat Corn Flakes every morning that I'm in the property for the duration of my tenancy. My possessions are my concern, it's got absolutely nothing whatsoever to do with them. I think I'll just tell them I have no valuable possessions and see what they say to that.

Is the instruction coming from the LA verbally or are you receiving letters?


We started getting letters from our LA (or at least we thought they were as they were on letterheads) telling us that the LA was in the process of moving all its gas/electricity supply over to Southern Electric. We had just moved away from them for various reasons (not least of which were cost).The letter was signed by the branch manager of LA.

When I phoned them to voice my opinions, it turned out that Southern Electric had approached them and asked if they could send some marketing info to tenants and the LA would get a commission. They didn't proof read anything and SE went ahead and worded it so it looked like an LA decision. Obviosly the concern is then more for data protection.

Judith_W wrote: »

I agree they shouldn't necessarily force you, but surely if you are renting and there is a fire or something, you would need to put the house back to rights incl flooring, kitchen, painting all the walls etc. It certainly wouldn't be covered by your deposit and I can understand them wanting to mitigate their liability if there was a fire / flood and you did a runner

That's what LL insurance is for

adg1

It is up to you whether you insure your belongings or not. You have no obligation to use the company the letting agent want you to.

However, and this is a big however, IF you total up all the things you have, could you replace them all if they were all damaged? When you add the prices up you've spent over the years its a shock how much it would cost.

It is the landlords responsibility to insure the house and their contents left inside.

theartfullodger

They cannot force you to (you might be sensible to do so though). OFT say they can't see section 4.8 in..
http://www.oft.gov.uk/shared_oft/reports/unfair_contract_terms/oft356.pdf

unnecessary insurance requirements - we consider that whether
tenants wish to insure their own personal belongings is a matter for
them and that it is unreasonable for the landlord to make this a
contractual requirement.

(The agent is only the agent, the landlord's agent: he has no others powers but as agent of LL).
Yes, other Landlords, we know this is only guidance but any court would go with OFT guidance.. (see Foxton's case etc..)

Sounds like the letting agency can't be trusted. Check what else they got wrong (there are some terrible agencies out there..)

Cheers!

Lodger

N79

theartfullodger wrote: »

Yes, other Landlords, we know this is only guidance but any court would go with OFT guidance.. (see Foxton's case etc..)

Unless it relates to bank charges.........:D

Agree that any term on insurance is unenforceable though.

waltergropius

theartfullodger wrote: »

They cannot force you to (you might be sensible to do so though). OFT say they can't see section 4.8 in..
http://www.oft.gov.uk/shared_oft/reports/unfair_contract_terms/oft356.pdf


(The agent is only the agent, the landlord's agent: he has no others powers but as agent of LL).
Yes, other Landlords, we know this is only guidance but any court would go with OFT guidance.. (see Foxton's case etc..)

Sounds like the letting agency can't be trusted. Check what else they got wrong (there are some terrible agencies out there..)

Cheers!

Lodger

Fantastic! I have armed myself with that document in case they don't play ball when I refuse to take their recommended insurance out. Thanks!

theartfullodger

Ask agent (politely, gently..) what commission they get for the insurance policies...

lellow_lorry

They can't force you to take out insurance but then they can refuse to rent out to you....from my own experience it is a condition most set as it normally includes a liability insurance for the tenant if their is a problem and can be covered that way ..ie accidental damage to curtains/ you overflow the bath etc. They can seek a claim against your insurance rather than chase the cost off you. Likewise you can claim against the landlords if their is a claim eg roof leak damging your gear. Don't however take their insurance just find your own at probably a more reasonable price...they have to accept that.

Gwhiz

Are you sure it's contents insurance they want you to have OR accidental damage insurance? Some LA/LL require the latter so that they do not have to claim on their insurance for damage caused be a tenants accident.