Common use of Damage by insured risks Clause in Contracts

Damage by insured risks. 23.1 The Landlord is responsible for insuring the Building, but will only insure the Tenant’s personal possessions if the Tenant requested it and has paid the relevant premium. 23.2 The insured risks may vary from time to time and will depend on the terms of the Landlord’s insurance policy. Typically, insured risks will include damage by fire, lightning, explosion, malicious persons, storm, flood, escape of water, subsidence and impact by vehicles or aircraft. 23.3 If the Room becomes uninhabitable or inaccessible because of damage by an insured risk then (subject to clauses 16.5 and 16.6 (Landlord’s right to end the tenancy), clauses 17.6 and 17.7 (Xxxxxx’s right to end the tenancy) clause 23.4 (Tenant voids the insurance) and clause 23.5 (limiting the Landlord’s liability): 23.3.1 the Landlord will: 23.3.1.1 use reasonable endeavours to provide alternative accommodation for the Tenant until the Room is once more accessible and fit for habitation or until the end of the Tenancy Period, whichever occurs first; 23.3.1.2 reinstate the Room and Contents as soon as reasonably practicable; 23.3.1.3 refund to the Tenant any pre-paid Rent for the period after the date of the damage if the Landlord is unable to provide alternative accommodation; 23.3.1.4 not be liable to pay the Tenant any Damages unless they are paid by the insurer; and 23.3.2 the Tenant will: 23.3.2.1 move into alternative accommodation if and for so long as it is offered by the Landlord, provided the alternative accommodation is located within 3 miles of the Building or within 3 miles of the Tenant’s usual place of study; 23.3.2.2 move back into the Room once it has been reinstated; 23.3.2.3 pay the Rent when it falls due; 23.3.2.4 not be liable to pay any additional rent, even if the alternative accommodation is of a higher value than the Room; 23.3.2.5 be entitled to Damages equivalent to the difference in value between the alternative accommodation and the Room, if the alternative accommodation is normally let at a lower rate than the Rent, for the period that the Tenant occupies the alternative accommodation. 23.4 The Landlord shall have no liability to the Tenant (under clause 23.3.1 or otherwise) and the Tenant will remain liable to pay the Rent if the insurer refuses to pay for alternative accommodation because of the Tenant’s own action or neglect. 23.5 The Landlord’s liability to the Tenant in respect of any insured event is limited to the amount paid to the Landlord by the insurer divided by the number of occupiers affected by the insured risk (or which would have been payable if the Landlord had not invalidated its claim due to its own action or neglect).

Damage by insured risks. 23.1 The Landlord is responsible for insuring the Building, but will only insure the Tenant’s personal possessions if the Tenant requested it and has paid the relevant premium. 23.2 The insured risks may vary from time to time and will depend on the terms of the Landlord’s insurance policy. Typically, insured risks will include damage by fire, lightning, explosion, malicious persons, storm, flood, escape of water, subsidence and impact by vehicles or aircraft. 23.3 If the Room becomes uninhabitable or inaccessible because of damage by an insured risk then (subject to clauses 16.5 and 16.6 (Landlord’s right to end the tenancy), clauses 17.6 and 17.7 (XxxxxxTenant’s right to end the tenancy) clause 23.4 (Tenant voids the insurance) and clause 23.5 (limiting the Landlord’s liability): 23.3.1 the Landlord will: 23.3.1.1 use reasonable endeavours to provide alternative accommodation for the Tenant until the Room is once more accessible and fit for habitation or until the end of the Tenancy Period, whichever occurs first; 23.3.1.2 reinstate the Room and Contents as soon as reasonably practicable; 23.3.1.3 refund to the Tenant any pre-paid Rent for the period after the date of the damage if the Landlord is unable to provide alternative accommodation; 23.3.1.4 not be liable to pay the Tenant any Damages unless they are paid by the insurer; and 23.3.2 the Tenant will: 23.3.2.1 move into alternative accommodation if and for so long as it is offered by the Landlord, provided the alternative accommodation is located within 3 miles of the Building or within 3 miles of the Tenant’s usual place of study; 23.3.2.2 move back into the Room once it has been reinstated; 23.3.2.3 pay the Rent when it falls due; 23.3.2.4 not be liable to pay any additional rent, even if the alternative accommodation is of a higher value than the Room; 23.3.2.5 be entitled to Damages equivalent to the difference in value between the alternative accommodation and the Room, if the alternative accommodation is normally let at a lower rate than the Rent, for the period that the Tenant occupies the alternative accommodation. 23.4 The Landlord shall have no liability to the Tenant (under clause 23.3.1 or otherwise) and the Tenant will remain liable to pay the Rent if the insurer refuses to pay for alternative accommodation because of the Tenant’s own action or neglect. 23.5 The Landlord’s liability to the Tenant in respect of any insured event is limited to the amount paid to the Landlord by the insurer divided by the number of occupiers affected by the insured risk (or which would have been payable if the Landlord had not invalidated its claim due to its own action or neglect).