Rent Protection Insurance - Tenant Early Surrender

[keisiuho]

Hi all - I have a student tenant who signed a 12-month tenancy agreement which expires Sep 2021. Recently he threatened to vacate the property but my understanding is that he will still be responsible for the rent of the remaining term. My insurer, Aviva, turned down my claim, saying that the tenant made a decision to give up possession by returning the keys, quoting from the T&Cs that "Cover for Rent Arrears shall cease immediately when the Insured gains vacant possession of the Premises of The Premises are re-let, whichever is the sooner". I would think the moment the tenant terminate the contract, the rent of the remaining term becomes due and payable, hence the rent insurance should have this covered?

Does anyone have any experience with dealing with rent insurer and tenant early surrender?  Any advice would be much appreciated!

[Grampa]

How did you accept the return of keys? There is a lot of case law regarding that and what deems the end of tenancy. If you have accepted the keys and entered the property etc that would be a big arguement to say the tenancy is over. However, if the keys were dropped back and you informed the tenant at the time the tenancy still continued (ideally in written form) you have a good case   to case from the tenant but not sure about the insurer but fight your case with them, go through theit complaints proceedure and tell them you will be entering a complaint to the ombusman 

 

[keisiuho]

Thank you for your reply. I have not accepted the return of keys and now the tenants are now paying. It is odd that my insurer sent me a letter to reject my claim prematurely, and seemingly on the wrong basis!