LL insurance, unoccupied flat

newbian

We moved out of our flat but are still paying rent until the tenancy ends in a few months. We retained keys and check the flat once a week or so but are not living there. We told LL this and gave him the date we were moving out.

LL has now emailed saying that his contents insurance has something to do with the flat being occupied, and can we confirm that we are still living there. We told him some time ago that we'd left so unclear as to where this is coming from. We aren't sure how to respond because A) we have already notified him in writing that we were moving out and we don't believe we as tenants are responsible for meeting the terms of his insurance - if this was an issue shouldn't he have said so when we first informed him?

Do we have any legal obligation to remain in residence in the flat? There was nothing in the tenancy agreement about it but unsure.

[Deleted User]

Not exactly the same situation, but in my lease it states that I must inform the letting agent/landlord if I intend to be away from the property for more than 4 weeks (at a time) - it doesn't say anywhere that I can't do it (and have to be there).

Is there anything in your lease/contract?

G_M

Most insurance policies allow the property to be 'unoccupied' for a certain period. This can be 30 days, 45, 60. It varies.

There may also be different conditions attached if the period is breached, ie insurance cover continues if
* the property is regularly checked &/or
* the heating is left on (low) &/or
* the water is drained down
etc

Only the LL can advise what his specific policy requires.

You are right, as a tenant, you are not expected to know all this.

HOWEVER, most tenancy agreements include a clause reflecting the insurance requirements (eg "not to leave the property unoccupied for more than X days").

Have you checked your TA?

This is what you must comply with.

If the LL has failed to include such a clause in the tenancy agreement, he is a fool, but you may still wish to work with him to overcome the problem ie by agreeing
* to visit weekly
* to stay overnight weekly
* to allow the landlord to stay overnight once aweek
or whatever.

But how helpful you wish to be is up to you.

Perhaps a compromise? I assume you would be happy if the LL agreed to an Early Surrender so that you did not need to pay rent.....

newbian

Domino9 wrote: »

Not exactly the same situation, but in my lease it states that I must inform the letting agent/landlord if I intend to be away from the property for more than 4 weeks (at a time) - it doesn't say anywhere that I can't do it (and have to be there).

Is there anything in your lease/contract?

Yes it does. That's why we informed him in writing that we were moving out as I explained my original post.

newbian

G_M wrote: »

Most insurance policies allow the property to be 'unoccupied' for a certain period. This can be 30 days, 45, 60. It varies.

There may also be different conditions attached if the period is breached, ie insurance cover continues if
* the property is regularly checked &/or
* the heating is left on (low) &/or
* the water is drained down
etc

Only the LL can advise what his specific policy requires.

You are right, as a tenant, you are not expected to know all this.

HOWEVER, most tenancy agreements include a clause reflecting the insurance requirements (eg "not to leave the property unoccupied for more than X days").

Have you checked your TA?

This is what you must comply with.

If the LL has failed to include such a clause in the tenancy agreement, he is a fool, but you may still wish to work with him to overcome the problem ie by agreeing
* to visit weekly
* to stay overnight weekly
* to allow the landlord to stay overnight once aweek
or whatever.

But how helpful you wish to be is up to you.

Perhaps a compromise? I assume you would be happy if the LL agreed to an Early Surrender so that you did not need to pay rent.....

The TA says to notify the landlord or agent before leaving the property vacant for more than 21 days. We notified both 2 months in advance that we were planning to move out and on which date. The agent then listed the flat as available to rent from our move out date. This is all in writing and clearly communicated with the landlord already. I feel that he did not read his insurance policy carefully until now and that's why he's asking questions he already knows the answers to. We moved out a month ago so not sure why this is something he wants to talk about now.

We've been asking for an early surrender for months but he is not interested. We were even willing to pay the entire value of the remaining lease at no discount just to cut ties and move on. But he doesn't want to hear it. He is not a professional landlord but someone who was sent abroad for work on a contract so his instincts on these issues are quite poor compared to previous landlords who were more business-like.

G_M

Although you have not quoted the precise tenancy clause, I am assuming it requires you to 'inform' the LL, and nothing more.

I therefore advise a reply to the email:

"Dear Mr LL,
Thank you for your email dated xx/xx/13 requesting confirmation that we are still living at the above property.

I refer you to my letter dated xx/xx/13, which was sent in compliance with the requirement of clause x of the tenancy agreement.

I regret I am in no position to know of any restrictions which may exist in your insurance, and I am therefore not able to comply with them even if I were obliged to, which I am not.

However, if you have issues with your insurance cover, a solution may be to agree to an Early Surrender of the tenancy. Pleaselet me know if you wish to pursue this option, and let me have the relevant paperwork.

Yours sincerely

A Tenant!