Search Legislation

Commonhold and Leasehold Reform Act 2002

What Version

 Help about what version

Advanced Features

 Help about advanced features

Changes to legislation:

There are currently no known outstanding effects for the Commonhold and Leasehold Reform Act 2002, Cross Heading: Insurance. Help about Changes to Legislation

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.

InsuranceE+W

164 Insurance otherwise than with landlord’s insurerE+W

(1)This section applies where a long lease of a house requires the tenant to insure the house with an insurer nominated or approved by the landlord (“the landlord’s insurer”).

(2)The tenant is not required to effect the insurance with the landlord’s insurer if—

(a)the house is insured under a policy of insurance issued by an authorised insurer,

(b)the policy covers the interests of both the landlord and the tenant,

(c)the policy covers all the risks which the lease requires be covered by insurance provided by the landlord’s insurer,

(d)the amount of the cover is not less than that which the lease requires to be provided by such insurance, and

(e)the tenant satisfies subsection (3).

(3)To satisfy this subsection the tenant—

(a)must have given a notice of cover to the landlord before the end of the period of fourteen days beginning with the relevant date, and

(b)if (after that date) he has been requested to do so by a new landlord, must have given a notice of cover to him within the period of fourteen days beginning with the day on which the request was given.

(4)For the purposes of subsection (3)—

(a)if the policy has not been renewed the relevant date is the day on which it took effect and if it has been renewed it is the day from which it was last renewed, and

(b)a person is a new landlord on any day if he acquired the interest of the previous landlord under the lease on a disposal made by him during the period of one month ending with that day.

(5)A notice of cover is a notice specifying—

(a)the name of the insurer,

(b)the risks covered by the policy,

(c)the amount and period of the cover, and

(d)such further information as may be prescribed.

(6)A notice of cover—

(a)must be in the prescribed form, and

(b)may be sent by post.

(7)If a notice of cover is sent by post, it may be addressed to the landlord at the address specified in subsection (8).

(8)That address is—

(a)the address last furnished to the tenant as the landlord’s address for service in accordance with section 48 of the 1987 Act (notification of address for service of notices on landlord), or

(b)if no such address has been so furnished, the address last furnished to the tenant as the landlord’s address in accordance with section 47 of the 1987 Act (landlord’s name and address to be contained in demands for rent).

(9)But the tenant may not give a notice of cover to the landlord at the address specified in subsection (8) if he has been notified by the landlord of a different address in England and Wales at which he wishes to be given any such notice.

(10)In this section—

  • authorised insurer”, in relation to a policy of insurance, means a person who may carry on in the United Kingdom the business of effecting or carrying out contracts of insurance of the sort provided under the policy without contravening the prohibition imposed by section 19 of the Financial Services and Markets Act 2000 (c. 8),

  • house” has the same meaning as for the purposes of Part 1 of the 1967 Act,

  • landlord” and “tenant” have the same meanings as in Chapter 1 of this Part,

  • long lease” has the meaning given by sections 76 and 77 of this Act, and

  • prescribed” means prescribed by regulations made by the appropriate national authority.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I1S. 164 wholly in force at 31.5.2005; s. 164 not in force at Royal Assent see s. 181(1); s. 164 in force for specified purposes at 26.7.2002 for E. by S.I. 2002/1912, art. 2(c); s. 164 in force for specified purposes at 1.1.2003 for W. by S.I. 2002/3012, art. 2(c); s. 164 in force so far as not already in force at 28.2.2005 for E. by S.I. 2004/3056, art. 3(c); s. 164 in force so far as not already in force at 31.5.2005 for W. by S.I. 2005/1353, art. 2(c)

165 Extension of right to challenge landlord’s choice of insurerE+W

(1)Paragraph 8 of the Schedule to the 1985 Act (right to challenge landlord’s nomination of insurer) is amended as follows.

(2)In sub-paragraphs (1) and (2), after “nominated” insert “ or approved ”.

(3)In sub-paragraph (4), after “nominate” (in both places) insert “ or approve ”.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I2S. 165 wholly in force at 31.5.2005; s. 165 not in force at Royal Assent see s. 181(1); s. 165 in force at 28.2.2005 for E. by S.I. 2004/3056, art. 3(d); s. 165 in force at 31.5.2005 for W. by S.I. 2005/1353, art. 2(d)

Back to top

Options/Help

Print Options

You have chosen to open The Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Act as a PDF

The Whole Act you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open the Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Notes

Text created by the government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources