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F E Smith
F E Smith, Advocate
Category: Property Law
Satisfied Customers: 17296
Experience:  I have been practising for 30 years.
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If I rent and store goods in a storage unit, and pay and

Customer Question

If I rent and store goods in a storage unit, and pay and insurance premium in addition to my rent to the landlord, I the event the storage unit is broken into out of hurst's is the landlords insurance liable to cover the cost on the good having been stolen?
JA: What steps have you taken so far? Have you prepared or filed any paperwork?
Customer: I have notified the landlord and obviously the police, and gained a crime number, also requested cctv footage from the landlord to be supplied to the police.
JA: Where is the property located?
Customer: Watford
JA: Anything else you want the Lawyer to know before I connect you?
Customer: Basically I rent a storage unit on a secure industrial estate, and over the weekend i.e out of normal hours we had our unit broke into, and had £50k worth of stock stolen.
Submitted: 16 days ago.
Category: Property Law
Expert:  F E Smith replied 16 days ago.

Welcome to Just Answer.

I will be happy to assist with your question today. I need some time to consider this and compose a response. There is NO need to wait online because you will get an email when I respond. Sometimes it will be minutes, sometimes longer.

I apologise for any unavoidable delay, but rest assured I have not forgotten your question.

do you mean you pay for insurance included in the rent?

how long have you been renting this unit?

and what was stored?

Customer: replied 16 days ago.
I pay a monthly insurance premium to the landlord along with my monthly rent. I had electric (e-bikes) stored in the unit. we have been in there since the beginning of august this year.
Customer: replied 16 days ago.
Not right now, I just need guide on what their liabilities are?
Customer: replied 16 days ago.
Our lease agreement reads, 'The Licensee will pay to the licensor upon demand, the cost of insuring the premises against such risks as the licensor shall reasonably determine including without limitation, insurance against third party liability'
Expert:  F E Smith replied 16 days ago.

It depends on the terms of the insurance because there is obviously buildings insurance and contents insurance and the landlord’s insurance would normally before buildings and you would be required to ensure any contents yourself.

This insurance is exactly what it says, “the cost of insuring the premises” not the cost of insuring the contents.

Being brutally honest with you, I would be surprised in the extreme if the landlord had any liability for your contents.

I’m sorry, I know it’s not the answer you wanted.

I am glad to help.

Hopefully, I have answered your query in a way that is simple and easy to understand.

I would be more than happy to clarify anything else for you. In the meantime, thank you once again for using our services.

I am happy to answer any specific points arising from this.

Please be aware that my answer is based strictly upon the information you have given me.

If you still need any points clarifying, I will be happy to reply because the thread does not close. In fact, it remains open indefinitely.

I am always happy to answer any further questions you have on any new thread in which case, please start your question with, “ For FES only”.

You don’t need to do it on this thread, just a new thread. You have me exclusively on this one.

Thank you.

Best wishes.

FES

Expert:  F E Smith replied 15 days ago.

Can I assist you any further with this? Please remember that I am always available to answer any follow-up questions that you may have and I am happy to

deal with any new questions.

Kind regards

Francis

Customer: replied 15 days ago.
I’ve been advised by the FSB that we are covered under bailment, and the storage facility owner is liable!
Expert:  F E Smith replied 15 days ago.

That would only apply if the landlord had breached a duty of care and you don’t mention that.

However you don’t have to take my advice.

Do remember that I can only give you my opinion.

Please note that my answer is based strictly on the information that you have given me. If you have not given me all the information, then my answer may be incomplete or wrong.

Another lawyer may have a different opinion. Litigation needs at least 2 parties and neither goes to court expecting to lose.

Nonetheless, one of them does, even though they have been told by their respective legal advisers that they have a good chance of success.

If there was a black-and-white answer to every legal problem there would be no need for anything to ever proceed to court.

Ultimately, if the landlord won’t pay up, regardless of the advice that either I or the FSB have given you, the ultimate decision comes from a county court judge dealing with your claim.