Taking Cover

I refer to the recent letter from Trevor Smith arguing that clause 6.13 of the Council of Mortgage Lender's (CML) handbook by implication requires all leases of residential property to contain a contractual obligation on the landlord to insure the buildings on a fully comprehensive basis (see [2002] Gazette, 31 January, 18).

1 disagree.When the CML's handbook was produced more than two years ago, it was widely assumed that clause 5.10.4 required all leases to contain a landlord's mutual enforcement covenant.

It is only on careful reading of that clause that it is clear that this is not the case.Dealing specifically with insurance, 1 would estimate that half of all leases 1 come across require the landlord to insure the buildings against fire and such other risks as the landlord sees fit.

To insist on a deed of variation in every such instance is not only a waste of time and expense, it is not necessary.Of course it is better if the covenant insists that cover is on a fully comprehensive basis, but 1 have yet to come across an insurance policy for a block of flats which is anything other than comprehensive.

Until such time as the lender's handbook is amended in this regard, it appears that the appropriate time to update the lease to comply with Mr Smith's approach is when it needs to be varied for some other purpose.Michael Newbold, Wannop & Fox, Shoreham-by-Sea, West Sussex

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