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    @andy28
    Join Date: 2003
    Post Count: 14

    Hi group,

    I own a commercial property, a retail shop in Victoria. I’m having a bit of a hard time with the tenant on the matter of insurance. I’m new to this, so I thought I’d ask the brain’s trust here.

    It’s a pretty standard lease I think, the relevant parts look like this:

    2. TENANT’S OBLIGATIONS*
    1.1 The tenant must –
    2.1.7 pay or reimburse within 7 days of a request the premiums and charges for the following insurance policies taken out by the Landlord:
    (a) damage to and destruction of the Premises, for their full replacement value, for the risks listed in Item 11

    Item 11. risks which the insurance policies must cover

    • Fire
    • Flood
    • Lightning
    • Storm & Tempest
    • Explosion etc.

    Now, in a past lease Transfer, it states:

    Insurance
    Tenant to pay for own use
    Tenant to insure for all specified events as per lease Item 11
    Landlord pays the Building Insurance only

    The tenant is seizing upon this line in the Transfer about ‘Landlord pays the Building Insurance’ to try and get out of reimbursing me for insuring for those events in Item 11.

    What is Building Insurance if not insurance for ‘damage to and destruction of the Premises, for their full replacement value’?

    Part of the problem could be that the previous landlord apparently didn’t charge the tenant for this insurance.

    (The tenant does have some insurance, but it covers only product liability and public liability).

    I will speak with the managing agent (again), but if anyone has any advice I would appreciate it greatly. Thanks

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