Trouble finding insurance cover

Discussion in 'Property Management' started by DonaldH, 23rd Jun, 2021.

Join Australia's most dynamic and respected property investment community
  1. DonaldH

    DonaldH New Member

    Joined:
    23rd Jun, 2021
    Posts:
    4
    Location:
    Qld
    Hello
    Have just bought a property and I am a bit clueless about what to do. The property is unconditional and due to settle in 3 weeks. The property is rented privately by the owner to what seems about 6 or so adults/children, and is not detailed in the contract so it will be vacant at settlement.

    I am concerned they may trash the place, or hurt themselves etc, and am trying to find landlord insurance or any insurance to cover malicious damage. Problem is companies like terri scheer said unless I have a tenancy agreement with the renters I am ineligible. So what other options do I have, what do others do?

    in Qld I believe you have to settle even if damage is done unless the house is uninhabitable.

    thank
     
    Michael Mitchell likes this.
  2. Trainee

    Trainee Well-Known Member

    Joined:
    24th May, 2017
    Posts:
    10,322
    Location:
    Australia
    Did your solicitor confirm this?
     
  3. SeafordSunshine

    SeafordSunshine Well-Known Member

    Joined:
    24th Jun, 2015
    Posts:
    1,002
    Location:
    Sydney
    YOU should be able to get insurance from the day you pay your deposit!
    You have an' interest'
    talk to your solicitor and your insurance company today!
    this isn't legal advice
    I hope this helps
     
  4. DonaldH

    DonaldH New Member

    Joined:
    23rd Jun, 2021
    Posts:
    4
    Location:
    Qld
    i have insurance but it does not cover malicious damage, that’s the issue, I can’t get landlord insurance just normal insurance and normal insurance excludes malicious damage by people living at the property. I have cba insurance and checked suncorp. I assume others all the same but if anyone knows anything,
     
  5. DonaldH

    DonaldH New Member

    Joined:
    23rd Jun, 2021
    Posts:
    4
    Location:
    Qld
    yes
    yes, which is why I want to find some sort of insurance
     
  6. Scott No Mates

    Scott No Mates Well-Known Member

    Joined:
    18th Jun, 2015
    Posts:
    27,213
    Location:
    Sydney or NSW or Australia
    What is not detailed in the contract of sale? Does it have a lease? Is it on holdover/expired? Do you need to rely on the Residential Tenancies Act in the absence of a written lease? All of these questions will require a response via your solicitor.

    Is there a bond lodged? Will it be transferred at settlement?

    Have you received a tenancy ledger for the property?
     
  7. DonaldH

    DonaldH New Member

    Joined:
    23rd Jun, 2021
    Posts:
    4
    Location:
    Qld
    no lease in the contract, it’s all a private arrangement with the renters already in process of packing up and moving next week or so. The property is to empty at settlement otherwise it will be delayed.

    unsure if the seller of the property has a written or regal agreement with them. Would this help if I asked.
     
  8. Scott No Mates

    Scott No Mates Well-Known Member

    Joined:
    18th Jun, 2015
    Posts:
    27,213
    Location:
    Sydney or NSW or Australia
    What's the point of the exercise? You are taking vacant possession of the property, you will be undertaking a pre-settlement inspection - if they aren't out of the property or have caused damage then you won't settle. This is not your problem, you won't find LLI if you aren't going to be the land lord or collecting any rent as the property will be handed to you with vacant possession.
     
    snoopy, Marg4000, samiam and 4 others like this.
  9. wylie

    wylie Moderator Staff Member

    Joined:
    18th Jun, 2015
    Posts:
    13,995
    Location:
    Brisbane
    In Queensland it is a requirement that you insure the property once you sign a contract (by 5pm next business day). I'm sure this is a legal requirement, but it is a long time since we bought, so I'm a bit fuzzy on this. I do know we've always been asked by our bank and solicitor to show a certificate of insurance well before we settle. But we've always done it, legal requirement or not.

    This would be building insurance, not landlord insurance.

    If the residents trash the place, I'd hold up settlement. Vendor should have insurance too, but it is possible they will cancel early I guess (which would be silly, but some people might think purchaser has insured it now, I'll save a few dollars).

    There are cases where houses have burned down between contract signing and settlement, so ask your solicitor what happens if tenants haven't left (don't settle), or have damaged the place (don't settle).

    But in Queensland there is a "time is of the essence" clause and you want to know exactly what happens if either of those two scenarios plays out, before it becomes an issue. So ask your solicitor now and be prepared.
     
  10. Tom Rivera

    Tom Rivera Property Manager Business Member

    Joined:
    1st Jul, 2015
    Posts:
    2,718
    Location:
    South East Queensland
    I'm not a legal expert, but I was under the impression you could delay settlement or seek damages if the property was not in the condition in which you found it upon signing contracts? Surely the damage doesn't have to be so severe that it's 'uninhabitable' to call upon that sort of protection?
     
  11. jared7825

    jared7825 Well-Known Member

    Joined:
    10th Apr, 2020
    Posts:
    190
    Location:
    Qld
    There is no mandated legal requirement to have insurance in place at that specified time. Your referring to the fact that 5pm on next business day after contract signing date that the property is at buyers risk should damage occur.
    I have always had a clause put in the contract by solicitor that its at sellers risk until settlement date but have always taken out insurance during the period rather then risk testing the clause and the COI is required before settlement by the bank anyway.
     
  12. wylie

    wylie Moderator Staff Member

    Joined:
    18th Jun, 2015
    Posts:
    13,995
    Location:
    Brisbane
    I'm fairly sure @Terry_w (or perhaps someone else) has put up cases where the buyer did not insure from the next business day and the house burnt down prior to settlement.

    Settlement still occurs. If vendor has cancelled the insurance, you are buying a burnt out shell. And you'll need to build a new house with your own funds.

    Just take out the insurance. ;)
     
  13. jared7825

    jared7825 Well-Known Member

    Joined:
    10th Apr, 2020
    Posts:
    190
    Location:
    Qld
    And some buildings are purchased as shells or stripped after damage, not all are purchased under finance either. I'm not advocating for not having insurance simply pointing out that your statement that it is a legal requirement in QLD is not the case, there is no law that stipulates such.:cool:

    The OP should have no trouble taking out building and/or LL insurance during the period between contract and settlemnt
     
  14. wylie

    wylie Moderator Staff Member

    Joined:
    18th Jun, 2015
    Posts:
    13,995
    Location:
    Brisbane
    Fair enough. I did say I was fuzzy on it, but legal requirement or not, we've always been asked to have insurance in place by the next day. Perhaps that was legal advice from a lawyer doing our sale (I think so), or came from my mother (a real estate agent) or was just good advice.

    We certainly had to have paperwork to show it was insured well before settlement.
     
  15. SeafordSunshine

    SeafordSunshine Well-Known Member

    Joined:
    24th Jun, 2015
    Posts:
    1,002
    Location:
    Sydney
    Dear Donald,
    there is a thingy, it may be called a Pre- Settlement Inspection.
    Before you pay all the money :
    You go there and take an active look,
    Check all the power points , bring a hair dryer and turn it on at each point.
    Turn on and off all the lights
    Flush all the dunes.
    Open and close all the doors.
    No rubbish /trash / Mal damage.

    You get the idea?
    When you are ok about things then you ring your solicitor and say I am OK!
    When it is actually yours:
    hire a locksmith to change all the locks Pronto!
    I hope this helps
    and Congrats on getting this far.
     
  16. wylie

    wylie Moderator Staff Member

    Joined:
    18th Jun, 2015
    Posts:
    13,995
    Location:
    Brisbane
    This thread got me thinking about the legalities of insuring from 5pm the day following signing the contract in Queensland. We've always done that, and I assumed it was a legality, but it seems it is "strongly advisable".

    So I went looking and found a few things that will be of interest.

    Do I Need Pre Settlement Home Insurance? MAP Lawyers | Blog

    From Suncorp... Image 25-6-21 at 8.52 pm.jpg

    And from LJ Hooker...
    Image 25-6-21 at 8.54 pm.jpg
     

Build Passive Income WITHOUT Dropping $15K On Buyers Agents Each Time! Helping People Achieve PASSIVE INCOME Using Our Unique Data-Driven System, So You Can Confidently Buy Top 5% Growth & Cashflow Property, Anywhere In Australia