The Leasehold Houses (Notice of Insurance Cover) (England) Regulations 2004

Explanatory Note

(This note is not part of the Regulations)

Where a long lease of a house requires the tenant to insure it with an insurer nominated or approved by the landlord, a tenant may avoid that requirement if the provisions of section 164(2)(a) to (d) relating to the insurer, the interests and risks covered and the amount of the cover, are satisfied and he gives a notice of cover to the landlord within the period specified in that section. A notice of cover must specify the name of the insurer, the risks covered by the policy, the amount and period of the cover and such further information as may be prescribed.

These Regulations prescribe the further information that is to be included in a notice of cover. That information is:

(a) the address of the house insured under the policy;

(b) the registered office of the insurer or, if the insurer does not have a registered office, its head office;

(c) the number of the policy;

(d) the frequency with which premiums are payable under the policy;

(e) the amount of any excess payable by the tenant under the policy;

(f) where an excess is payable, whether it is payable in respect of every claim made under the policy or only in particular circumstances and, if the latter, a brief description of those circumstances;

(g) whether the policy has been renewed and, if so, the date on which it was last renewed;

(h) if the policy has not been renewed, the date on which it took effect;

(i) a statement that the tenant is satisfied that the policy covers his or her interests; and

(j) a statement that the tenant has no reason to believe that the policy does not cover the interests of the landlord.

The notice may be in the form set out in the Schedule to the Regulations or a form substantially to the same effect.

A Regulatory Impact Assessment has been prepared in connection with these Regulations. A copy may be obtained from the Office of the Deputy Prime Minister, Leasehold Reform Branch, Zone 2/J6 Eland House, Bressenden Place, London SW1E 5DU (Tel [phone]).