The purpose of this Policy Summary is to help you understand the insurance by setting out the significant features, benefits, limitations and exclusions. You should still read the full Policy Wording for a full description of the terms of the insurance, including definitions. This Policy Summary does not form part of the Terms and Conditions.
Policy Benefits
Section 1 - Eviction Cover
Legal Expenses incurred in evicting the Housing Benefit tenant from the property for either non-payment of Housing Benefit rent or at the expiry of the Housing Benefit tenancy agreement.
Provided that:
a) All statutory and contractual notices are compliant and have been served on the Housing Benefit tenant;
b) You or Your agent have issued a formal written notice to the Housing Benefit tenant in accordance with the terms of the tenancy agreement informing the Housing Benefit tenant that possession is being sort under the Housing Act 1988 Section 21 and/or Section 8. This notice must be issued to the Housing Benefit tenant and be effective no later than 5 days before the Housing Benefit tenant is in arrears of Housing Benefit rent of an aggregate amount equal to three month’s Housing Benefit rent.
Section Exclusions
There is no cover for claims:-
a) arising from or connected to pursuit of the Housing Benefit tenant for Housing Benefit rent arrears and/or mesne profits and/or dilapidations once vacant possession of the property has been achieved;
b) arising from or connected to the performance of your obligations under the Housing Benefit tenancy agreement;
c) relating to the payment or non-payment of service charges as defined within the Landlord and Tenant Act 1985;
d) arising within the first 90 days following inception of the Policy where the commencement of the Housing Benefit tenancy agreement predates the inception date of this Policy unless evidence of continuous insurance immediately prior to the Period of Insurance is provided.
e) Where the Local Authority has overpaid any housing benefit to you which is subsequently deemed to not be Housing Benefit rent no indemnity is provided for this shortfall or arrears.
Section 2 - Rental Guarantee
Housing Benefit rent the Housing Benefit tenant is due to pay you under the Housing Benefit tenancy agreement which you have not received.
Provided that:
a) a Claim has been made and accepted by the Cover holder under Section 1 of this Policy to evict the Housing Benefit tenant in respect of the Housing Benefit rent arrears;
b) A full month’s Housing Benefit rent must be in arrears after deduction of the Excess;
c) Where the notices are served late but Insurers nevertheless accept a Claim under Section 1, Insurers will only indemnify You for Housing Benefit rent the Housing Benefit tenant is due to pay You from the date which those notices become enforceable. In these circumstances the Excess payable under Section 2 of this Policy will increase by £250.
General
Any claims where you do not have reasonable prospects of success in your legal/tax case.
Any costs incurred before we have consented to those costs being incurred.
Defence of civil legal proceedings arising from injury, loss/destruction of property, breach of professional duty or tortious liability.
Insurance Provider
This insurance is underwritten by Markel International Insurance Company Limited, 20 Fenchurch Street, London EC3M 3AZ and administered by Abbey Legal Protection, a trading division of Abbey Protection Group Limited.
Duration of contract
The Period of Insurance is for 12 months or as otherwise stated in your Policy Schedule and Indication.
Premium
The premium payable is as stated in your Policy Schedule and Indication.
Insurance Cover
This is a claims made insurance which covers claims notified within the Period of Insurance. The Insurance indemnifies you for legal costs and rent in situations shown in the tables below.
Significant Benefits
The following tables set out the significant features, benefits, limitations and exclusions of the Commercial Legal Expenses Insurance. The Insurance is split into Sections of Cover.
Significant Features
Indemnity Limits
Section 1 - £25,000 any one claim (Schedule/Indication)
Section 2 - The Housing Benefit rent shown in the Housing Benefit tenancy agreement up to a maximum of £2,500 per month.
The maximum Housing Benefit rent payable per Claim is £10,000 or the equivalent of 12 months’ Housing Benefit rent, whichever is the lesser amount.
The maximum payable under this Policy for all Claims notified during the Period of Insurance is £500,000 (Schedule/Indication)
Territorial Limits
The United Kingdom of Great Britain & Northern Ireland (Schedule/Indication)
Excess
Section 1 - NIL
Section 2 - £250 or one months’ Housing Benefit rent whichever is greater any one claim (Schedule/Indication)
Increased Excess (For use of own Appointed Representative)
Section 1 - £1,000 any one claim
Section 2 - Not Applicable (Schedule/Indication)