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Insurance And Repair Notes

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This is an extract of our Insurance And Repair document, which we sell as part of our Property Law and Practice Notes collection written by the top tier of Cambridge And Oxilp And College Of Law students.

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INSURANCE AND REPAIR
Provision in Lease
Cl. 4.1
Cl. 1.14
Cl. 4.2
Cl. 1.6
Cl. 4.1 → Cl.

1.14 → Sch. IV
→ Para. 6.1
Cl. 1.10

Cl. 1.4

Cl. 4.1 → Cl.

1.14 → Sch. IV
→ Para. 27

Relevance & Action to be Taken (if any)

How does the lease deal with damage and repair?
T covenants to perform the Tenant's Covenants.
The 'Tenant's Covenants' means the covenants set out in Sch. IV.
L covenants to perform the Landlord's Covenants.
The 'Landlord's Covenants' means the covenants set out in Sch. V.
T is responsible for repairs - need to check:
T covenants to "repair the Premises and to keep them in good repair except
(1) what the 'Premises' includes; and where damage is caused by any of the Insured Risks".
(2) what falls within the 'Insured Risks'.
Defines 'Premises' as all the land shown edged red on the attached plan
'Premises' includes the whole building so T will definitely be together with the building erected on it and known as Britannia House, 18 responsible unless the damage is covered by insurance.
Hollydown Road, Cobham, Surrey KT11 3EP.
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,
Check if damage is an Insured Risk. If yes, the damage earthquake, riot, civil commotion, strikes, locked-out workers, and malicious should be covered by insurance. If no, T will be responsible.
persons and such other risks as L may from time to time reasonable consider to be necessary.
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.
L covenants to insure the Premises [Cl. 1.2] up to the full value of
L is responsible for insurance BUT claim could be withheld.

1.6 → Sch. V
reinstatement if damage is caused by an Insured Risk [Cl. 1.5]. L's obligation
Need to find out such exclusions.
→ Para. 2.1 to insure is subject to insurer's exclusions/limitations.
L grants the Premises to T together with the Rights [Cl. 1.12] but except and
Cl. 3.2 & 4.1 →
If this is not paid, L would not be liable to claim from reserving to L the Exceptions [Cl. 1.3] - BASED ON T paying Rent [Cl. 1.11].
Cl. 1.14 → Sch.
insurance for the repairs.
T covenants to pay Rent and all other sums payable as rent under the lease.
IV → Paras. 1
* Do the facts make it clear whether this has been paid or
T covenants to pay the sums which L pays by way of premiums for keeping
& 4.1 not?
the Premises insured in accordance with L's covenants on demand as rent.
Cl. 4.2 → Cl.

1.6 → Sch. V
L covenants to reinstate (repair) the Premises from insurance monies.
L will effect repairs at no cost to T.
→ Para. 3

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