Leases: Insurance

by Practical Law Property

Maintained | England, Wales

A note providing guidance on the key insurance issues to consider when drafting and negotiating leases in England and Wales. This note focuses primarily on commercial market rent leases but also addresses considerations relevant to residential and premium commercial leases. It explores fundamental questions, such as which party should be responsible for insuring the property and the implications of that decision. The note examines the drafting and operation of essential insurance provisions, including obligations for reinstatement and repair, rent suspension, and termination rights following property damage. This note also discusses complex topics such as subrogation, joint insurance, and uninsured risks.

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