Complaints that involve insurance
We only investigate complaints by tenants or leaseholders about landlords that are members of the Scheme.
About
Insurance is a financial product. It is there to protect the policy holder from suffering some financial loss because of a sudden and unexpected incident (a peril listed in the policy).
The most common forms of housing insurance are:
- property insurance (buildings or contents)
- liability insurance
- new build warranties
Buildings insurance
Buildings insurance will cover the cost of damage to the building caused by one or more of the perils listed in the insurance policy.
These are usually:
- fire
- escape of water
- storm, tempest, or flood
- subsidence
Contents insurance
Contents are the moveable items in your home including fixtures and fittings. Contents insurance covers the loss or damage to the items in your home. It is important for residents to take out contents insurance when possible.
The insurer’s policy will say what situations you are covered. It will usually include:
- an escape of water (leak)
- storm related damage
- fire
- accidental damage
- theft or burglary (some policies may require you to have special locks)
Liability insurance
Liability insurance covers the legal liability of the person insured. For example, the insurer would pay out where the landlord is responsible for negligence.
Ultimately, it is for the courts to decide whether a person is liable for a loss. A liability insurer will sometimes step in and handle the claim and respond to it on behalf of its policyholder.
New build warranties
In new build properties there could be a warranty. Warranty providers are usually responsible for setting build standards in line with the Buildings Regulations or higher standards.
In the first 2 years, the developer will be responsible for fixing any defects and snagging. After 2 years, the warranty provider will step in where there is a defect which is more than just cosmetic. Or a breach of one of the standards that requires remedial action.
Types of insurance
In respect of your home, the following is usually the position:
| Type of insurance | Details |
| Contents insurance | The resident will usually be responsible for purchasing contents insurance to cover damage to their household goods and possessions.
The landlord is responsible for purchasing contents insurance if the property is furnished. Contents insurers may not cover damage caused by damp and mould. This is because there is usually an exclusion clause for gradually operating causes. If it is your insurance policy and you are not satisfied with how the insurer has handled a claim, you may be able to complain to the Financial Ombudsman Service. |
| Buildings insurance | Landlords or freeholders will be responsible for insuring the building, including the structure and exterior.
Leaseholders and shared owners will usually be responsible for contributing towards the cost for their internal walls etc. of their home. Whilst the landlord or freeholder will be the policyholder, the leaseholder/shared owner will be beneficiaries under the policy and can make a claim in respect of their home. Tenants cannot usually purchase buildings insurance as they do not have a financial interest in the property or building. If you are a policyholder or beneficiary under the policy, and you are not satisfied with how the landlord has handled your claim you may be able to complain to the Financial Ombudsman Service. |
| Liability insurance | The landlord will usually purchase liability insurance. This will cover the cost of claims from:
There will often be terms in liability insurance policies that a landlord must not accept responsibility until the insurer has assessed the claim. |
What your landlord should do
Landlords are not always responsible for damage to contents when things happen sudden and unexpectedly. For example, if a pipe becomes damaged, and a leak occurs.
We will only find the landlord responsible for damaged contents where:
- the landlord knew, or reasonably ought to have known, the type of damage that would have happened if it did not act – for example knowing about a damaged pipe and not repairing it until after it leaks
- the landlord unreasonably delayed carrying out a repair which caused the later damage
- the landlord or its contractors directly caused the damage, for example by spilling paint on carpets
- damage was caused to decorations by the landlord trying to complete a repair
Making a complaint about your landlord
You can complain if you’re unhappy with how your landlord has handled a complaint involving an insurance claim.
A complaint might be about:
- the level of investigation or action taken by the landlord
- the time it took the landlord to investigate or respond
- any action it should not have done, or you are unhappy with
To do this, you must use your landlord's formal complaint procedure.
Complaints we cannot consider
We cannot consider a complaint about the actions or omissions of the insurer. A landlord may decide to refer a claim to its insurer, and we may say that was appropriate.
Landlords' response to formal complaints
Your landlord must reply to a complaint in line with its complaint procedure. Our Complaint Handling Code sets out the timescales a landlord must respond to a complaint.
Stage 1:
- acknowledge the complaint within 5 working days of it being received
- respond, in writing, within 10 working days of the date the complaint was acknowledged
Stage 2:
- acknowledge a request to escalate the complaint within 5 working days of it being received
- respond, in writing, within 20 working days of the escalation request being acknowledged
When to bring a complaint to us
You can bring a complaint to us for investigation if your landlord does not resolve your issues through their complaint procedure.
Tell us:
- what went wrong
- what your landlord should do to put things right
We need your landlord's stage 2 response before we can help. This is their final answer to your complaint.
You can refer your complaint to us within 12 months of your landlord's stage 2 response. We’re unlikely to investigate complaints referred after this deadline unless there are good reasons for the delay.
Help if your landlord does not reply to your complaint
We can help you get a response from your landlord if they do not follow their complaint process or our Complaint Handling Code.
Send us a copy of the complaint you raised to your landlord. This helps us understand if your landlord follows its complaint process.
The easiest way to do this is by using our helpful online form. The form will ask you about your complaint and you can upload supporting evidence.
You can also phone, email, or write to us.
You may also find these useful
Repairs and property condition
This information is for residents who are having problems with the condition of their property and need to report a repair to their landlord.
Occupancy rights
This information is for residents living in social housing, including councils and housing associations. We have set out some of your rights as tenants.
Links to helpful organisations
Find details of advice agencies and charities, legal advice and other helpful organisations.