Can tenant be forced to take out contents insurance?

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chris_m wrote: »

Surely that can't be legal?

Probably not, but unless you take it to court, how will you know that. And for the sake of £25 for the place you really really want, what else you gonna do? Especially when most of the agents round here are doing the same!

waterwatereverywhere

Hi everyone,

Sorry I haven't been back on here sooner due to work pressures. Just wanted to say a huge thank you for all the great advice. Brother has now moved in but is being literally hounded by agent to provide the policy so we will probably go down the route mentioned of taking policy online, showing proof and then cancelling! What a palaver! Couldn't agree more about agents - know you can't tar them all with the same brush but so many are just completely self-interested and dishonest....

Wouldn't have known this tip re setting up the online cover so thanks to everyone who took the time to reply.

princeofpounds

As has been pointed out, such a clause is an unfair clause and therefore unenforceable under consumer law. Whilst the fact that a clause is unfair or not can only be decided in court, the OFT are a pretty good guide to this as their book is largely based upon case law and legal opinions.

http://www.oft.gov.uk/OFTwork/publications/publication-categories/guidance/unfair-terms-consumer/oft356

You can safely tell the agent to get lost, the LA/LL (most likely it is only the LA pushing for this for fees) cannot do anything about it, although they might refuse (or convince the LL to refuse) to renew the tenancy when fixed term expires.

The LL probably doesn't even know about this, so if the LA does start causing trouble speak to LL direct.

Personally I wouldn't even bother going down the cancellation route. I would write to them, point out the OFT guide and a bit of basic consumer contract law, explain that I am not going to help them earn their commission and tell them that they are not to contact me again on this matter.

tbs624

Any T who is concerned about the validity of such "requests" from an LA can discuss the application of the OFT's guidance with the local Council's Trading Standards Officer

lynni_2

Theres no way you should need to take insurance out for other peoples belongings, the landlord should have his own insurance for this.
I rent a house and I have contents insurance, theres no way I would claim for a carpet etc on it though, that would be down to the landlord

mlz1413

OP if your brother can't afford insurance for contents how will he afford to replace anything that is damaged?

I agree it sounds like the agents are pushing a policy but equally if I put a load of new furniture (beds/sofas/wardrobes/carpets etc could run to £'000's) in a flat I'd want some sort of promise that I'd get it back in the same state (less wear for the period).

I would ensure your brother has an inventory that he and LA have signed it and that it clearly shows the condition of all the contents. Before he leaves he should call the LA in and go around the flat with them and the inventory to ensure he will get his deposit back.

Also remember your brother should get the deposit's protection details within 14 days of moving in.

tbs624

mlz1413 wrote: »

I agree it sounds like the agents are pushing a policy but equally if I put a load of new furniture (beds/sofas/wardrobes/carpets etc could run to £'000's) in a flat I'd want some sort of promise that I'd get it back in the same state (less wear for the period).

That's the purpose of taking a tenancy deposit.........:)

LAs like to push a specific insurance policy because:

(a) they get a backhander for the business put the ins co's way and (b) it tends to make it easier to sort any potential LL and T dispute if both parties are insured with the same company.

Ts are of course entitled to get their own insurance policy elsewhere or to take the risk of having no insurance.

mynameisdave

I wonder what the FSA have to say about insurance companies that allow policies to be taken out under these circumstances.

Seems to be a mis-sold policy if it is not in the clients best interest to have this insurance.

faerie_girl

Our LA tried to get us to go with the insurer they reccomended. We just told them we were already tied in with our current insurer and didn't want to pay two lots. They seemed happy to accept that lol.

G_M

If your brother has moved in, he is 'safe'. He has a contract so as long as he pays the rent he cannot be asked to leave for at least 6 months (or longer depending on the contract). After that of course he can be asked.

If the agent "is being literally hounded by agent " that constitutes harrassment which is a criminal offence. Write (WRITE) to the agent teling them not to harass either verbally or in writing.