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Unfair contract term office licence?

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  • Unfair contract term office licence?

    Hi, I am renting an office under a licence, so it's not an official lease. I had to sign the agreement though. One contract term they have is

    The COMPANY and the LICENSEE hereby agree that the COMPANY shall have no liability whatsoever to the LICENSEE for, and that the LICENSEE shall indemnify the COMPANY against all actions, claims, demands, costs, losses or expenses, which may be brought, made against, sustained or incurred by the COMPANY howsoever arising directly or indirectly out of, or in connection with this Licence in respect of any of the following matters: - a). death or personal injury to any person visiting or working at the CENTRE, including loss or damage to any common ways, doors, walls, or partitions permitting entrance or exit to the LICENSEE.

    Now, the issue I have, is that I have spoke to my insurers and they don't cover the stairs.

    Does this make the above an unfair contract term and basically unenforceable? Since it's their building and I can't actually insure the stairs. I was looking at getting a part time staff member and am concerned re above.
    Tags: None

  • #2
    are the stairs in the licence? If so they are part of your building. Insurance should cover all parts of your licenced area - excluding stairs seems ridiculous

    Comment


    • #3
      Originally posted by islandgirl View Post
      are the stairs in the licence? If so they are part of your building. Insurance should cover all parts of your licenced area - excluding stairs seems ridiculous
      I have business insurance with Hiscox and they told me that the only thing insured is my actual office once you enter in to it. Maybe I'm with the wrong insurer.... Having said that, never come across a building owner who has tried to get out of potential liability like this...

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      • #4
        That sounds ridiculous! If someone is coming to see you and climbs the stairs and falls I would expect your insurance to cover it. If they were coming to see someone else then it would be down to theirs. I issues similar licences and we expect licencees to be liable for all visitors to the building at all times.

        Comment


        • #5
          Originally posted by islandgirl View Post
          That sounds ridiculous! If someone is coming to see you and climbs the stairs and falls I would expect your insurance to cover it. If they were coming to see someone else then it would be down to theirs. I issues similar licences and we expect licencees to be liable for all visitors to the building at all times.
          Ok that's interesting to know. I haven't come across this before. But got literally no where with Hiscox when I asked for reassurances this morning. So it sounds like the solution may be to change insurance companies.

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          • #6
            Try asking the NFU?

            Comment


            • #7
              Another solution: Ask the landlord to agree a formal removal of this term. If he refuses, find somewhere else.
              Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

              Litigants in Person should download and read the Judiciary's handbook for litigants in person: https://www.judiciary.uk/wp-content/..._in_Person.pdf

              Comment

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