Challenging the cost of insurance – Tanfield Chambers

Posted October 20th, 2017 in insurance, landlord & tenant, leases, news by sally

‘It is frequently common for lessees to complain that the decision of a landlord to insure the freehold building with a particular insurer or under a particular policy is unreasonable because it is too expensive. Often the complaint is based on the lessee having found an alternative quote that does not include the same level of cover as is deemed necessary by the landlord. Sometimes, however, there are also cases where lessees find “like for like” quotes that are significantly cheaper than that obtained by the landlord. While it is well established that s.19, Landlord and Tenant Act 1985 does not require a landlord to obtain services at the cheapest cost, where there is evidence that the market will generally provide those services at a significantly lower price the First-tier Tribunal is more likely to find that the costs incurred by the landlord are not reasonable.’

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Tanfield Chambers, 19th October 2017