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JimLawyer
JimLawyer, Solicitor
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Experience:  Senior Associate Solicitor
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Does landlord liability insurance covers tenant injury claim

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Does landlord liability insurance covers tenant injury claim caused by not fixing issue reported by tenant on time?
JA: Because laws vary from place to place, can you tell me what state the property is in?
Customer: England
JA: What are the terms of the lease? Any issues related to maintenance or upkeep?
Customer: tenant reported issue, but was not fixed for a month and tenant fell
JA: Anything else you want the Lawyer to know before I connect you?
Customer: nope

Hello, this is Jim and I’m a dual-qualified lawyer (UK & Republic of Ireland) happy to help you today.

It's depend on the policy for the liability insurance - it may have a date where an issue needs to be dealt with within a certain timeframe. Has the tenant instructed solicitors? Have you notified the insurers yet?

Customer: replied 16 days ago.
tenant instructed solicitors. please see attached details they have filled in the claim form .. I rented this property through Leaders (agency) and I think in the contract it was mentioned for emergency repairs, they can do this without my authorisation, but they didn't do any and just passed all the allege to me.
I can't see any date related to an issue needs to be dealt with in liability insurance details(please see attached file). I've not notified insurers yet. tenant't solicitor have requested insurer details but I've not provided yet.

Thanks, ***** ***** notify your insurers now - they will hopefully tell you that cover is in place. And they will defend the claim via their panel solicitors. Any reason why you have not yet notified your insurers? If you do not then you face a personal liability for this if your defence doesn't succeed.

It's worth defending the claim on the basis liability was the agency's for the repairs. As you delegated it to the agency, so in effect this claim is misconceived. Would you agree?

Customer: replied 16 days ago.
Any reason why you have not yet notified your insurers? --------- I didn't notify as I was not sure whether the policy covers the claim if issue wan't fixed for a long time after the tenant reported.It's worth defending the claim on the basis liability was the agency's for the repairs. ---------- Will the insurer defend themselves or do I need to do anything?
Thanks

Hi, thanks - if in doubt then ask the insurer - an injury claim can amount to thousands and the last thing you want is to have to pay it from your own pocket. If you have insurance then it's worth speaking to the insurer (as soon as possible).

You can defend the claim on that basis, yes. You would do it on the basis the agency was tasked with ensuring repairs are done a timely manner.

If you speak to the insurer, they will contact their panel solicitors - who will liaise with the claimant's solicitors and hopefully you would have no further involvement.

If you have not yet responded to the claim with a defence then do so - if you delay then the claimant can ask the court for judgment in default, meaning you cannot then file a defence and the claimant wins.

I hope this helps? If I have answered the question would you kindly leave me a 5 star rating (at the top of your screen), the question will stay open and any follow up questions are welcomed.

Many thanks,

Jim

Hello, I'm just checking whether I can clarify anything else for you or if you have any other questions?.

Many thanks,

Jim

Customer: replied 14 days ago.
I’ve informed raised claim with insurer now and it’ll be a slow process.
Based on the documents I attached -
policy documents
Tenant’s solicitor claim detailsWill the insurer accept the claim or are there any chances they can reject based on their policy terms and conditions?Thanks

Page 8 states that you must "immediately" tell the insurer if you receive a letter of claim (which you have received). The insurer may ask you why you delayed so potentially they may not cover, based on their policy wording. It would be at their discretion - your defence however is that Leaders were tasked with attending to repairs without your authorisation etc

I hope this helps? When you have the chance would you mind giving me a positive rating for the answer (the site will then credit me for my time). There should be a rating system at the top of the screen. Any other queries please let me know.

Many thanks,

Jim

Good evening, can I help you further with this question please?

Thanks

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