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GUIDE

Understanding Your Lease: Insurance Clauses Explained

If you’re involved in managing a block of flats – whether as a Residential Management Company (RMC), Right to Manage (RTM) company, or a leaseholder – it’s essential to understand how insurance requirements in your lease impact the building and its residents.

This guide will help you decode common insurance clauses, responsibilities, and why certain covers are necessary.

Who is responsible for arranging insurance?

Typically, the lease will specify whether the freeholder or the management company (RMC/RTM) must arrange buildings insurance. Often, the costs are recharged to leaseholders through service charges.

What does “Full Reinstatement Value” mean?

This refers to the total cost to rebuild the entire block if it were destroyed, covering everything from foundations to communal areas.

Why it matters:
Underinsurance can leave the building short of funds to rebuild, leading to costly service charge increases or disputes.

Why are specialist Property Owners Policies needed?

Blocks of flats have unique risks that differ from single homes, such as:

  • Multiple owners and leaseholders
  • Shared communal areas
  • Complex liability exposures
  • Requirements for alternative accommodation cover

Standard home insurance won’t cover these adequately.

Common Insurance Clauses In Leases - Explained

Requirement to insure “all risks” or “full risks”

What it means
The building must be insured against a wide range of potential damages.

Requirement to include terrorism insurance

What it means
The policy must cover damage caused by terrorism.

Requirement to insure fixtures and fittings

What it means
Sometimes includes lifts, boilers, and communal equipment.

Obligation to provide evidence of insurance

What it means
The managing agent or freeholder must provide leaseholders with proof of cover on request.

Why Is Terrorism Insurance often required?

Because standard buildings insurance usually excludes terrorism damage, many leases explicitly require this cover to ensure the block is fully protected against all risks.

Directors & Officers Insurance Clause

Some leases require the management company to hold D&O insurance to protect those running the block against claims arising from their decisions.

The role of leaseholders and transparency

Leaseholders have the right to:

  • Receive clear details of the insurance cover
  • Understand how premiums and fees are calculated
  • Challenge unreasonable insurance costs at the Leasehold Valuation Tribunal (LVT) or First-tier Tribunal if necessary

Final advice for leaseholders and RMCs...

  • Review your lease carefully and seek legal advice if needed
  • Work closely with your insurance broker to ensure the right policies are in place
  • Keep all leaseholders informed about insurance arrangements and costs
  • Regularly review policies to keep up with changes in the building or regulations