Broken Over Top - Landlord's Responsibility or Mine

AdrianC

For them to reclaim from you, they have to mitigate their losses - and that would include claiming from insurance.

thesaint

G_M wrote: »

Interested to hear this - can you support the contention on this occassion?

Like any other insurance. You can't have cover and then force someone to pay cash because you don't want to make a claim. It's all part of the business.

Let's say the landlord took the tenant to court, do you think the judge would award the landlord a payout despite having insurance? At most, the landlord may get an award for the excess.

To focus the mind. Let's say the tenant caused a fire, and the bill was 30k. the landlord has insurance, but wants the tenant to pay cash.
What chances in court?

teddysmum

My halogen ceramic hob is 25 years old and in excellent working order;just a tiny bit of wear on the pattern on the glass.


The above illustrated hob is ceramic, but induction, so a 'standard ' one should be cheaper.

Miss_Samantha

thesaint wrote: »

Like any other insurance. You can't have cover and then force someone to pay cash because you don't want to make a claim. It's all part of the business.

Let's say the landlord took the tenant to court, do you think the judge would award the landlord a payout despite having insurance? At most, the landlord may get an award for the excess.

Hi the saint,

I feel your post is made to look as an obvious statement of fact however it does not appear so obvious without reference.

Socksey

Also remember that if the Landlord is claiming on his insurance that the excess is likely to be higher than the cost of the ceramic top so if wouldn't absolve you from contributing to the cost of its replacement.

AdrianC

There is a general legal principle that a claimant must take all reasonable steps to mitigate their losses. If they don't do that, then they aren't going to be awarded the full claim, just what they would have been left with if they HAD mitigated their losses - that difference is down to the claimant's actions.

Claiming off insurance is mitigating your losses. If you can show that your future premiums will rise as a direct result of that claim, then those increases would be claimable.

There are plenty of good guides to the concept, including this: http://www.drukker.co.uk/publications/reference/mitigation-loss/

antrobus

AdrianC wrote: »

There is a general legal principle that a claimant must take all reasonable steps to mitigate their losses. If they don't do that, then they aren't going to be awarded the full claim, just what they would have been left with if they HAD mitigated their losses - that difference is down to the claimant's actions.

Claiming off insurance is mitigating your losses. If you can show that your future premiums will rise as a direct result of that claim, then those increases would be claimable.

There are plenty of good guides to the concept, including this: http://www.drukker.co.uk/publications/reference/mitigation-loss/

All that is perfectly true. But all that means is that the burden of some or all of the loss is transferred from the claimant to the insurance company; it doesn't change the fact that the person responsible for the loss remains 100% liable. There is nothing to prevent the insurance company from seeking to recover its loss from the individual concerned.

G_M

not just excess to be paid on insurance. Once a claim is made, future premiums increase.

thesaint

Miss_Samantha wrote: »

Hi the saint,

I feel your post is made to look as an obvious statement of fact however it does not appear so obvious without reference.

Point taken.
Hopefully AdrianC's link is good enough.

G_M wrote: »

not just excess to be paid on insurance. Once a claim is made, future premiums increase.

AdrianC did address that.
Edit: I see that I said "at most". I am incorrect in the limit of liability, but I hope you agree that the landlord needs to make a claim if he has insurance cover.

I do think future premiums is a hard one to argue in court, as I doubt you will be able to give an exact figure of your losses when you go to court going forward 1, 2, 3, 10 years in the future for example.

Miss_Samantha

AdrianC wrote: »

Claiming off insurance is mitigating your losses.

Again, this looks like an unsubstantiated claim.