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LPC Law Notes Property Law and Practice Notes

Insurance And Repair Notes

Updated Insurance And Repair Notes

Property Law and Practice Notes

Property Law and Practice

Approximately 490 pages

A collection of the best LPC PLP notes the director of Oxbridge Notes (an Oxford law graduate) could find after combing through dozens of LPC samples from outstanding students with the highest results in England and carefully evaluating each on accuracy, formatting, logical structure, spelling/grammar, conciseness and "wow-factor".

In short these are what we believe to be the strongest set of PLP notes available in the UK this year. This collection of notes is fully updated for recent exams, a...

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INSURANCE AND REPAIR

Provision in Lease Relevance & Action to be Taken (if any)
How does the lease deal with damage and repair?
Cl. 4.1 T covenants to perform the Tenant’s Covenants.
Cl. 1.14 The ‘Tenant’s Covenants’ means the covenants set out in Sch. IV.
Cl. 4.2 L covenants to perform the Landlord’s Covenants.
Cl. 1.6 The ‘Landlord’s Covenants’ means the covenants set out in Sch. V.
Cl. 4.1 Cl. 1.14 Sch. IV Para. 6.1 T covenants to “repair the Premises and to keep them in good repair except where damage is caused by any of the Insured Risks”.

T is responsible for repairs – need to check:

  1. what the ‘Premises’ includes; and

  2. what falls within the ‘Insured Risks’.

Cl. 1.10 Defines ‘Premises’ as all the land shown edged red on the attached plan together with the building erected on it and known as Britannia House, 18 Hollydown Road, Cobham, Surrey KT11 3EP. ‘Premises’ includes the whole building so T will definitely be responsible unless the damage is covered by insurance.
Cl. 1.4 Defines ‘Insured Risks’ as fire, lightning, explosion, impact, storm, tempest, flood, bursting and overflowing of water tanks apparatus or pipes, impact from aircraft and other aerial devices and any article dropped from them, earthquake, riot, civil commotion, strikes, locked-out workers, and malicious persons and such other risks as L may from time to time reasonable consider to be necessary. Check if damage is an Insured Risk. If yes, the damage should be covered by insurance. If no, T will be responsible.
Cl. 4.1 Cl. 1.14 Sch. IV Para. 27 T covenants to notify L immediately of any damage to the Premises caused by an Insured Risk and take steps to minimise such. So L can arrange for insurance. If client has not already done so, advise client to notify L ASAP.
Damage to the Premises caused by an Insured Risk
Cl. 4.2 Cl. 1.6 Sch. V Para. 2.1 L covenants to insure the Premises [Cl. 1.2] up to the full value of reinstatement if damage is caused by an Insured Risk [Cl. 1.5]. L’s obligation to insure is subject to insurer’s exclusions/limitations. L is responsible for insurance BUT claim could be withheld. Need to find out such exclusions.
Cl. 3.2 & 4.1 Cl. 1.14 Sch. IV Paras. 1 & 4.1

L grants the Premises to T together with the Rights [Cl. 1.12] but except and reserving to L the Exceptions [Cl. 1.3] – BASED ON T paying Rent [Cl. 1.11].

T covenants to pay Rent and all other sums payable as rent under the lease. T covenants to pay the sums which L pays by way of premiums for keeping the Premises insured in accordance with L’s covenants on demand as rent.

If this is not paid, L would not be liable to claim from insurance for the repairs.

* Do the facts make it clear whether this has been paid or not?

Cl. 4.2 Cl. 1.6 Sch. V Para. 3 L covenants to reinstate (repair) the Premises from insurance monies. L will effect repairs at no cost to T.
What if the damage renders the Premises unfit for occupation or cannot be repaired at all?
Cl. 5.11(a) Rent is suspended until the Premises is either fit for use or until monies L receives from insurance for loss of rent is exhausted. If L could not reinstate the Premises within 3 years, T would have to start paying rent again, even though the Premises are unusable.
Cl. 4.2 Cl. 1.6 Sch. V Para. 2.2 L covenants in insure the Premises against 3 years’ loss of rent.
Cl. 5.11(b) If the Premises cannot be reinstated within 3 years after the date of damage/destruction by an Insured Risk: L may end the lease by giving 6 months’ written notice to T. L can end the lease.
Cl. 5.11(c) T may end...

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