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Landlord insurance legal doubts

  • 17-09-2016 9:44am
    #1
    Registered Users, Registered Users 2 Posts: 834 ✭✭✭


    I posted a similar post to the Property section and it was suggested to post it here as well since most of the doubts are of legal nature.

    Time is coming to pay the big landlord insurance premium and I have a few questions for worst case scenarios (small scale damage I have already dealt with in the past and they are a hassle but pretty straightforward). Hopefully some forum members can help.

    I have two big liability insurances in my policy which I am questioning the necessity or size of them:
    Property Owners Liability 6.5M any one claim
    Employers Liability 13M any one claim

    Questions:
    1) With respect to the property owners liability, as a landlord am I responsible if a tenant hurts himself in my property for no fault of my own? Unfortunately I had a couple of tenants tampering with the fire alarms (because they were smoking inside the room or burning stuff in the oven and fire alarm would go off!). What would happen in case of a fire with fire alarm tampered? It is hard to prove that tenant tampered with fire alarm. Would Property Owner liability insurance cover? Would I be responsible for any guests of the tenants?

    2) All the contractors I hire to make repairs and maintain the property are professionals, VAT registered and with their own professional insurance and all work is invoiced, I wonder if 13M employers liability is overdoing it or if I need it at all since I have no employees maintaining the property (gardener comes every 3 months, the others are all for occasional repairs or construction work)

    3) Let s assume the worst and the damage to the property is so serious that for health and safety reason no tenant can live anymore in the property until all damage is repaired. Is there any statute that says that I am legally responsible to lodge the tenants in alternative accommodation in such case? If yes for how long? I have not found any mention of this in the RTA 2004, but for example the landlord insurance I have got for a small apartment offers 5k EUR for tenants temporary accommodation in case the apartment is not safe for living due to damage.

    Any answer is appreciated


Comments

  • Closed Accounts Posts: 6,087 ✭✭✭Pro Hoc Vice


    GGTrek wrote: »
    I posted a similar post to the Property section and it was suggested to post it here as well since most of the doubts are of legal nature.

    Time is coming to pay the big landlord insurance premium and I have a few questions for worst case scenarios (small scale damage I have already dealt with in the past and they are a hassle but pretty straightforward). Hopefully some forum members can help.

    I have two big liability insurances in my policy which I am questioning the necessity or size of them:
    Property Owners Liability 6.5M any one claim
    Employers Liability 13M any one claim

    Questions:
    1) With respect to the property owners liability, as a landlord am I responsible if a tenant hurts himself in my property for no fault of my own? Unfortunately I had a couple of tenants tampering with the fire alarms (because they were smoking inside the room or burning stuff in the oven and fire alarm would go off!). What would happen in case of a fire with fire alarm tampered? It is hard to prove that tenant tampered with fire alarm. Would Property Owner liability insurance cover? Would I be responsible for any guests of the tenants?

    2) All the contractors I hire to make repairs and maintain the property are professionals, VAT registered and with their own professional insurance and all work is invoiced, I wonder if 13M employers liability is overdoing it or if I need it at all since I have no employees maintaining the property (gardener comes every 3 months, the others are all for occasional repairs or construction work)

    3) Let s assume the worst and the damage to the property is so serious that for health and safety reason no tenant can live anymore in the property until all damage is repaired. Is there any statute that says that I am legally responsible to lodge the tenants in alternative accommodation in such case? If yes for how long? I have not found any mention of this in the RTA 2004, but for example the landlord insurance I have got for a small apartment offers 5k EUR for tenants temporary accommodation in case the apartment is not safe for living due to damage.

    Any answer is appreciated

    The forum does not allow specific legal advice. Also would you risk your financial security on the advice of people who have no idea of the law!


  • Registered Users, Registered Users 2 Posts: 8,922 ✭✭✭GM228


    The forum does not allow specific legal advice

    The OP is talking about things that could happen (part 1 and 3 anyway), making it hypothetical and allowed, no?


  • Registered Users, Registered Users 2 Posts: 9,554 ✭✭✭Pat Mustard


    GM228 wrote: »
    The OP is talking about things that could happen (part 1 and 3 anyway), making it hypothetical and allowed, no?

    Doesn't look hypothetical:
    GGTrek wrote: »
    Time is coming to pay the big landlord insurance premium and I have a few questions for worst case scenarios (small scale damage I have already dealt with in the past and they are a hassle but pretty straightforward). Hopefully some forum members can help.

    I have two big liability insurances in my policy which I am questioning the necessity or size of them:
    Property Owners Liability 6.5M any one claim
    Employers Liability 13M any one claim

    OP, I would suggest that one telephone call to your solicitor will answer your question regarding the necessity for insurance.

    I would also suggest that a reputable insurance professional who holds all of the necessary professional qualifications will be the person to advise in relation to the amount of cover that is necessary at the moment.

    Thread closed due to request for legal advice. Getting this wrong could have serious consequences.


This discussion has been closed.
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