Water, water everywhere: flood damage and leased properties — whose risk?

By Richard Brogue

Once again, flooding has affected large parts of the country this winter, devastating homes and businesses, ruining the festive period for many and leaving a large clean-up bill. As the flood waters recede, the key question for those who own or occupy affected properties is who is responsible for fixing the damage?

For leased properties, the starting point should be the lease document and in particular the insurance clause. Landlords and tenants will need to ascertain whether flood damage was an insured risk and, if so, who was responsible for maintaining insurance cover. That party should claim under the policy and use the proceeds to repair the damage. Where flood damage is not an insured risk, the traditional starting position has been that the tenant is responsible for reinstating the property…

Click on the link below to read the rest of the Mills & Reeve briefing.

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