Q&As

Can a landlord back-date insurance demands for a commercial tenant going back eight or nine years if lease is silent?

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Produced in partnership with Chris Bryden of 4 King’s Bench Walk
Published on LexisPSL on 20/12/2017

The following Property Q&A produced in partnership with Chris Bryden of 4 King’s Bench Walk provides comprehensive and up to date legal information covering:

  • Can a landlord back-date insurance demands for a commercial tenant going back eight or nine years if lease is silent?

Can a landlord back-date insurance demands for a commercial tenant going back eight or nine years if lease is silent?

In any commercial lease it is important that provision is made for the insurance of the building. The obligation may be by way of a tenant’s covenant to insure the building, but more often is dealt with by the landlord providing the insurance with provision in the lease for the landlord to claim this sum from the tenant by way of service charge or as rent. In certain circumstances particularly with large commercial landlords it may be the case that this provision is overlooked for some time, leading the landlord then to demand a significant sum from the tenant as the accumulated liability for insuring the property.

Much will depend upon the terms of the lease. It appears in this scenario that there is no provision in the lease in terms of back-dated demands for

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