49CLandlord, not insurer, to benefit from tenant liability for careless damage

1. An insurer of the premises against destruction or damage has no right or claim in relation to a tenant’s liability under section 49B(2) or (6), including no right of equitable or contractual subrogation and no right arising out of an assignment by the insured.

2. If an insured receives or is entitled to receive any money or benefit arising out of a tenant’s liability under section 49B(2) or (6), an insurer of the premises may not take that money or benefit into account in calculating the amount payable under the insurance.

Notes

• Section 49C: inserted, on 27 August 2019, by section 8 of the Residential Tenancies Amendment Act 2019 (2019 No 37).