No express provision = no recovery for landlord — ensuring payment for insurance

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RED Alert — winter 2013–14: no express provision = no recovery for landlord — ensuring payment for insurance - .PDF file.

The Upper Tribunal (Lands Chamber) has held that the landlord of a flat let on a long residential lease could not recover the insurance premium from the tenant. There was no express term in the lease that entitled the landlord to recover these sums, and no such term could be implied where this would involve substantially re-writing a document that was otherwise fully functional.

This is an important decision to bear in mind when considering what the courts may be willing to imply into leases and other property documents.

The tenant was the owner of the flat pursuant to a 99-year lease. Under the terms of the lease, she had covenanted to pay service charges and to indemnify the landlord for ‘all rates, duties, charges, assessments, impositions and outgoings whatsoever’. In turn, the landlord covenanted to insure the flat and the building…

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