Commercial landlord insurance responsibilities checklist: 10 lease points to check before you sign

Please find an article from our colleagues at Rebuildcostassessment.com, UK-based providers of professional RICS‑regulated rebuild cost valuations, used to help property owners and insurers avoid underinsurance.

This guide explains how to check whether your commercial lease, landlord insurance for commercial property and buildings sum insured are properly aligned. It covers who usually arranges the buildings insurance, what tenants may need to insure themselves, and which lease clauses matter most. It also explains why rebuild cost, not market value, should sit behind the sum insured. By the end, you’ll have a practical 10-point checklist to help you spot gaps before they cause problems.

Commercial landlord insurance covers landlords who let out business premises like shops, offices, warehouses and mixed-use property. It usually covers the building, property owners’ liability and loss of rent.

Your commercial lease should say who arranges the cover, how the cost is passed on and what happens if the building is damaged.

In many commercial leases, the landlord arranges the buildings insurance and then recovers the cost from tenants. This is often done as insurance rent or through service charge or other outgoings. The lease should also state who insures the building, whose interests are listed and how costs are recovered. It should make clear how duties work in practice, including under FRI and non-FRI structures.

FRI means Full Repairing and Insuring. It usually means the tenant takes on repair and insurance costs under the lease, even where the landlord arranges the buildings policy and recovers the premium. The exact position depends on the lease wording.

That is why this article focuses on lease checks, not policy shopping. Lease wording can materially affect how insurance is arranged, how costs are recovered, and what happens after insured damage. If the wording is unclear, or the sum insured is wrong, you can still be underprotected even with a policy in place.

Usually, the landlord arranges the building insurance for a commercial property because they have the main insurable interest in it. The lease may then allow the landlord to recover the cost from the tenant through insurance rent or service charge.

Tenants will often arrange their own contents insurance for stock, contents and fittings. They may also take out business interruption cover. Responsibility for tenant fit-out and any liability insurance will depend on the lease and the policies in place.

FRI leases can shift repair and cost duties to the tenant. But they do not remove the need for clear wording on who arranges the buildings policy and how the premium is recovered. Even where the tenant repays the cost, it is usually still the landlord’s job to place the policy and make sure the sum insured is right.

Before you sign, renew or review a commercial lease, work through a simple checklist covering who insures the building, how the sum insured is set, how loss of rent and unoccupied periods are handled, and what happens after major damage. The aim is to make sure the lease, the policy and the rebuild cost all line up.

A structured checklist can highlight gaps before they become claim disputes or audit issues. Important for a range of commercial properties, from a single shop with a flat above, a multi-let office, or a wider portfolio.

Check 1 – Who actually arranges and controls the buildings policy?

Check the lease clause that says who must arrange the buildings insurance and in whose name the policy is held. In most cases, the landlord insures the building in their own name and recovers the cost from the tenant through insurance rent or service charge.

If the lease is unclear about who controls the policy, delays and disputes can follow when clear action is needed most.

Check 2 – Is the buildings sum insured based on an accurate rebuild cost?

Check whether the lease refers to full reinstatement value or rebuild cost, not market value. If the wording is vague, ask how the sum insured was set and when it was last reviewed.

This is one of the most important checks in the whole lease. A property can be insured on the right basis in principle, but still be underinsured if the figure was taken from market value, purchase price or an outdated estimate.

Check 3 – Loss of rent / business interruption period and limit

Check how long loss of rent cover applies after damage and whether the limit reflects your actual rental income and realistic rebuild times. Indemnity periods are commonly offered in set increments (often starting at 12 months and extending to 24, 36 months or longer), depending on insurer and cover type.

Do not assume 12 months is enough. Reinstatement and re‑letting can take longer than expected, particularly for larger/complex buildings where approvals, contractor capacity, and re‑letting timescales apply.

For complex commercial properties, a short loss-of-rent period can run out well before reinstatement is complete. That is why the lease and the policy should be checked together, with the likely rebuild period in mind.

Check 4 – Landlord’s fixtures, fittings and contents

Identify which fixtures, fittings and contents belong to you as landlord. This may include shopfronts, HVAC, suspended ceilings or floor finishes you provided. Then check whether they are covered under the buildings section or under a separate landlord’s contents figure.

This is a common grey area. Not everything inside the premises belongs to the tenant. Not everything is automatically included in the buildings sum insured either. If you would expect to replace an item as landlord after a major loss, it should be clearly insured somewhere.

A simple rule can help. If you still own it and would need to replace it, make sure the policy reflects that.

Check 5 – Tenant improvements and alterations

Look for clauses dealing with tenant improvements or alterations. If a tenant has added permanent features such as a mezzanine, partitioning or bespoke shopfitting, the lease should make clear who insures them and whether the buildings sum insured has been updated.

This is a common blind spot. A property can change a lot over time, especially in restaurants, retail units and industrial space. But the insurance position is not always reviewed at the same time.

Where improvements are expected to be put back in place after insured damage, the lease and the relevant policies should state who insures them and who is responsible for reinstatement. If that is unclear, the responsibility can fall into a gap between landlord and tenant.

Check 6 – Insurance rent and service charge

Check exactly how buildings insurance costs are recovered, whether through insurance rent, the service charge, or both. The lease should show what can be recharged, how costs are divided and how changes in premium are handled.

Clear wording matters, especially in mixed-use or multi-let buildings where tenants may question costs more closely. If the recovery method is vague, disputes can arise after the cover is already in place and the premium has already been charged.

This is also where rebuild cost accuracy becomes commercially important. If the declared figure is corrected and the premium rises, the lease needs to support how that cost is recovered.

The next checks look at the situations where unclear lease wording is most likely to cause problems: voids, mixed-use property, compliance and claims.

Check 7 – Unoccupied periods, works and change of use

Check what the lease and the policy say about vacancy, refurbishments and change of use. Most insurers tighten their terms after a property has been empty for a period. They may also set rules on inspections, security, water systems and notifications.

This matters because voids and refits are often when commercial properties face more risk. A short gap between tenants can quickly turn into a longer vacant period. Works can then change the level of risk again. Your lease should say clearly who must meet vacancy conditions and other insurer requirements during that time.

Check 8 – Mixed-use and common parts

If the building has both commercial and residential parts, check how the whole structure is insured and how costs are shared. A clear insurance structure, shown properly in the lease and schedules, can help reduce the risk of gaps or overlap.

Mixed-use buildings often cause confusion about common parts, shared roofs, access areas and how costs are split. A shop with flats above may seem simple, but separate or inconsistent arrangements can leave gaps between the commercial and residential parts.

Check 9 – Insurer requirements and risk-management duties

Check whether the lease requires the tenant to meet the insurer’s requirements or recommendations. If it does, make sure there is a practical way to share those conditions and check that they are being followed.

This is easy to miss, but it matters. Insurer requirements may include inspections, security or alarm terms, utility management, especially water, and fire protection arrangements. The exact requirements will depend on the policy. If the tenant is expected to meet them, they need to know exactly what the policy or survey requires.

Check 10 – Claims, reinstatement and uninsured risks

Finally, check what the lease says about serious damage. It should make clear who handles the claim, who must repair or rebuild the property, what happens to the rent and how risks that are not insured are dealt with.

This is where rebuild cost accuracy becomes critical. A well-drafted lease will not prevent a reduced claim if the building is underinsured and the average clause applies. The lease may clarify responsibilities, but the sum insured must still match the true cost of rebuilding.

Even if the lease wording is clear, one risk remains: the building may still be underinsured.

Whatever your lease says, you are still at risk if the building is underinsured. A professional rebuild cost assessment gives you a more reliable reinstatement value. It also helps meet lender and policy requirements and lowers the risk of the average clause reducing a future claim.

This is the point many landlords miss. A lease can say clearly who insures the building, but it cannot fix the wrong sum insured. The figure that matters is the rebuild cost, not the market value, purchase price or loan value.

This matters even more for commercial and mixed-use properties. Alterations, fit-out, shared structures and changes in use can all push the real reinstatement cost away from the figure shown on the policy. A documented rebuild value helps keep the policy, the lease and any lender requirements aligned when something goes wrong.

A professional Rebuild Cost Assessment can be carried out on a desktop basis or through a site survey, depending on the building and how complex it is. The aim is to produce a defensible reinstatement figure using current construction cost data and details about the property.

You can find out more about rebuildcostassessment.com here.

This article is for general regulatory information only and does not constitute legal advice. Building owners and managing agents should seek professional advice where appropriate.