Statutory Instruments made by the National Assembly for Wales
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URL: http://www.bailii.org/wales/legis/num_reg/2005/20051354e.html
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| Made | 17 May 2005 | ||
| Coming into force | 31 May 2005 |
The National Assembly for Wales, in exercise of the powers conferred by section 164(5)(d) and (6)(a) of the Commonhold and Leasehold Reform Act 2002[1], hereby makes the following Regulations:
Title, commencement and application
1. - (1) The title of these Regulations is the Leasehold Houses (Notice of Insurance Cover) (Wales) Regulations 2005 and come into force on 31 May 2005.
(2) These Regulations apply in respect of houses[2] in Wales only.
Additional content of notice of cover
2. A notice of cover[3] must specify (In addition to the particulars referred to in paragraphs (a) to (c) of subsection (5) of section 164 (Insurance otherwise than with the landlord's insurer) of the Commonhold and Leasehold Reform Act 2002) -
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(a) the address of the house insured under the policy;
(b) the registered office of the authorised insurer[4] or, if the authorised insurer has no registered office, its head office;
(c) the number of the policy;
(d) the frequency with which premiums are payable under the policy;
(e) the amount of any excess payable by the tenant under the policy;
(f) where an excess is payable, whether it is payable in respect of every claim made under the policy or only in particular circumstances and, if the latter, a brief description of those circumstances;
(g) whether the policy has been renewed and, if so, the date on which it was last renewed;
(h) if the policy has not been renewed, the date on which it took effect;
(i) that the tenant is satisfied that the policy covers the tenant's interests; and
(j) that the tenant has no reason to believe that the policy does not cover the interests of the landlord.
Form of notice of cover
3.
A notice of cover must be in the form set out in the Schedule to these Regulations, or a form substantially to the same effect.
Signed on behalf of the National Assembly for Wales under section 66(1) of the Government of Wales Act 1998[5]
D. Elis-Thomas
The Presiding Officer of the National Assembly
17 May 2005
| To | |
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| 1 | (insert name and address of the landlord including postcode) |
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| 1 | |
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I am |
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We are |
| (tick the appropriate box) the tenant(s) of the house at: | |
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| (insert address including post code) | |
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| 2 | The house is insured under an insurance policy issued by: |
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| (insert name of insurer and its registered office or, if the insurer has no registered office, its head office) who is an authorised insurer within the meaning of section 164 of the Commonhold and Leasehold Reform Act 2002. | |
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| 3 | The policy number is: |
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| (insert number) | |
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| 4 | The risks covered by the policy are set out in the pages attached to this notice (attach a copy of the relevant pages from the insurance documents) (if the insurance documents cannot be copied, attach a list of the risks covered) |
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| 5 | The amount of the cover (the sum insured) is: |
| £ | |
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| (insert amount) and it is provided for the period beginning on: | |
| / / | |
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| (insert date on which cover begins - all dates must be completed using numbers not words - e.g. 26 December 2005 would be 26/12/2005) and ending on: | |
| / / | |
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| (insert date on which cover ends - all dates must be completed using numbers not words - e.g. 26 December 2005 would be 26/12/2005) | |
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| 6 | Premiums are payable |
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annually |
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monthly |
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other |
| (tick the appropriate box) | |
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| 7 | The amount of the excess under the policy is: |
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| £ | |
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| (insert the sum) (TICK THIS BOX plus complete if an excess is payable) | |
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It is payable whenever the insurer makes a payment under this policy (If an excess is payable every time that the insurer meets a claim under the policy, TICK THIS BOX) |
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It is payable in the circumstances set out in the attached page(s). (If an excess is only payable in certain circumstances TICK THIS BOX plus specify the circumstances on an attached page(s). If different amount are payable in different circumstances, give those details on the attached page(s).) |
| 8 | Below are two versions of paragraph 8. TICK THE BOX which corresponds to the ONE VERSION of this paragraph that the circumstances require. |
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The policy has been renewed and was last renewed on: |
| / / | |
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| (insert date - all dates must be completed using numbers not words - e.g. 26 December 2005 would b 26/12/2005). | |
| OR | |
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The policy has not been renewed and took effect on: |
| / / | |
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| (insert date - all dates must be completed using numbers not words - e.g. 26 December 2005 would be 26/12/2005). | |
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| 9 | |
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I am |
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We are |
| (Tick the appropriate box) satisfied that the policy covers | |
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my interest |
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our interest |
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| 10 | |
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I |
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We |
| (Tick the appropriate box) have no reason to believe that the policy does not cover your interests. | |
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(This note is not part of the Regulations)
Where a long lease of a house requires the tenant to insure it with an insurer nominated or approved by the landlord, a tenant may avoid that requirement if the provisions of section 164(2)(a) to (d) of the Commonhold and Leasehold Reform Act 2002 relating to the insurer, the interests and risks covered and the amount of the cover, are satisfied and the tenant gives a notice of cover to the landlord within the period specified in that section. A notice of cover must specify the name of the insurer, the risks covered by the policy, the amount and period of the cover and such further information as may be prescribed.
These Regulations prescribe the further information that is to be included in a notice of cover. That information is:
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(a) the address of the house insured under the policy;
(b) the registered office of the insurer or, if the insurer does not have a registered office, its head office;
(c) the number of the policy;
(d) the frequency with which premiums are payable under the policy;
(e) the amount of any excess payable by the tenant under the policy;
(f) where an excess is payable, whether it is payable in respect of every claim made under the policy or only in particular circumstances and, if the latter, a brief description of those circumstances;
(g) whether the policy has been renewed and, if so, the date on which it was last renewed;
(h) if the policy has not been renewed, the date on which it took effect;
(i) a statement that the tenant is satisfied that the policy covers the tenants interests; and
(j) a statement that the tenant has no reason to believe that the policy does not cover the interests of the landlord.
The notice must be in the form set out in the Schedule to the Regulations or a form substantially to the same effect.
Notes:
[1] 2002 c.15. See the definition of "prescribed" in section 164(10) of the Commonhold and Leasehold Reform Act 2002. By virtue of section 179(1) of that Act, the National Assembly for Wales is "the appropriate national authority" as respects Wales. (The powers conferred by section 164(5)(d) and (6)(a) of that Act are exercisable, as respects Wales, by the National Assembly for Wales by virtue of the definition of "prescribed" and section 179(1).)back
[2] By virtue of sections 164(10) and 179(2) of the Commonhold and Leasehold Reform Act 2002, "house" has the same meaning in section 164 as for the purposes of Part 1 of the Leasehold Reform Act 1967 (c.88). The definition of "house" in that Act is to be found in section 2.back
[3] See section 164(3) of the Commonhold and Leasehold Reform Act 2002.back
[4] See the definition of "authorised insurer" in section 164(10) of the Commonhold and Leasehold Reform Act 2002.back
ISBN 0 11 091134 2