The following Property practice note provides comprehensive and up to date legal information covering:
Subrogation is the right of an insurer, once it has made payment to its insured for loss covered by an insurance policy, to ‘step into the shoes’ of the insured and to exercise any rights or remedies which the insured has against the person who caused the insured to suffer that loss.
Most insurance policies contain an express right of subrogation, but one will be implied if necessary in order to do justice or prevent unjust enrichment. Although subrogation is, in principle, only available where the insured has been paid in full, it is common (either under the terms of the insurance policy or by separate agreement) for the insurer and the insured to agree that the insurer can bring a subrogated claim in the insured’s name even if the insured has not yet been fully indemnified.
In principle, where:
a landlord suffers loss as a result of an act or default by one of his tenants (or by anyone for whom the tenant is responsible), and
the landlord is insured against that loss
the landlord is entitled to claim under the insurance policy and leave the insurer to recover from the tenant the amount which it has paid out to the landlord.
Against that background, a tenant will often ask the landlord to arrange for the insurer to waive its
**Trials are provided to all LexisPSL and LexisLibrary content, excluding Practice Compliance, Practice Management and Risk and Compliance, subscription packages are tailored to your specific needs. To discuss trialling these LexisPSL services please email customer service via our online form. Free trials are only available to individuals based in the UK. We may terminate this trial at any time or decide not to give a trial, for any reason. Trial includes one question to LexisAsk during the length of the trial.
To view the latest version of this document and thousands of others like it, sign-in to LexisPSL or register for a free trial.
Existing user? Sign-in
Take a free trial
What is a res judicata?A res judicata is a decision given by a judge or tribunal with jurisdiction over the cause of action and the parties, which disposes, with finality, of a matter decided so that it cannot be re-litigated by those bound by the judgment, except on appeal.Final judgments by
On the disposition of a property (whether by way of conveyance, transfer or charge), the party making the disposition will normally provide a title guarantee which implies standard form covenants for title. A landlord may give a title guarantee when granting a lease, but this is rare in practice.
Coronavirus (COVID-19): During the current pandemic, legislation and changes to practice and procedure in the courts and tribunals have been introduced, which affect the following:•proceedings for possession•forfeiture of business leases on the grounds of non-payment of rent•a landlord's right to
There are two kinds of burden:•the legal burden, and•the evidential burdenThe legal burdenA party has the legal (sometimes called ‘the persuasive’) burden where the onus is on that party to prove a fact or issue in a case to the required standard of proof.The legal burden is generally on the
0330 161 1234
To view our latest legal guidance content,sign-in to Lexis®PSL or register for a free trial.