Concerning the position regarding insurance, the buildings insurance policy must include a section relating to ‘Liability to the Public’ and cover the ‘Policyholder’ whilst undertaking duties as follows;

1. The definition of ‘Policyholder’ for the purpose of the public liability insurance cover includes; The Lessee (Flat Owner) of any flat in the property referred; The Head Lessee (the Freeholder); The Managing Agent; The Residents’ Association (should such as Association exist)N.B     A Resident who occupiers a flat but is not the owner of the flat in which they reside is not included in the definition of ‘Policyholder’.
2.  The ‘policyholder’ is covered against claims for damages and/or costs in respect of accidental bodily injury to a ‘third party’ or accidental damage to material property, provided there is a case for negligence.
3. The insurance cover does not extend to include any duties carried out for financial gain (i.e. any Lessees wishing to undertake any of the Lessor’s duties cannot charge for doing so).
4. The ‘Policyholder’ can also be considered as ‘third party’ provided they are not the person(s) who caused the accident or damage.
5. However, the person(s) carrying out duties is not covered personally for any injury or damages caused during the performance of these duties.

In respect of (5) above, we cannot consider accepting an indemnity from person(s) agreeing not to make a claim for personal injury because:-

1. The Royal Institute of Chartered Surveyors (RICS) Code of Practice, which code is recognised under Landlord & Tenant law, states under section 8.11 and 8.12 that, unless it is a Leaseholder’s obligation, the Lessor should arrange for the regular cleaning of all common areas and gardens tendered. Lessees can be considered for such duties, SUBJECT TO the arrangement of insurance cover.
2. The Lessor has a duty of care towards the Lessees and Third Parties to ensure all relevant risks are insured at all times.
3. As a managing Agent, acting on behalf of the Lessor, the duty of care falls on our office also.

To summarise, a Lessee is insured against ‘third party’ liability whilst volunteering to undertake the Lessor’s cleaning/gardening duties free of charge, which duties require physical effort and possible use of equipment, however, they are not insured again personal injury and we have a duty of care towards our Lessees to ensure that all relevant risks are insured at all times.

Unless those Lessees, wishing to volunteer to take on the Lessor’s duties free of charge can provide evidence they have insurance to cover personal injury, we are sorry but could not agree to such activities taking place.

Should they be willing or already have, personal injury insurance cover, we would require them to provide the following details to our office:-

• Copy of the personal injury insurance policy, or copy of proposed policy
• Specification of the duties to be performed (including frequency).
• Details of all person undertaking the duties specified (who much be covered under the insurance policy).

After receipt of these documents we can then look to have the Lessees carry out the desired tasks ensuring all parties are looked after.

For further information on this or any other ‘block’ related question please call the Property Fusion team on 01273 917790.