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Q&A:
TENRISK PRODUCT – SINGLE POLICY

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1. What do we do?

We assist landlords in safeguarding their income, even if an eviction is necessary.

 

It is important to note that insurance may not comprehensively cover every situation. Our product is specifically designed to address the most significant risk: a tenant defaulting on the lease and refusing to vacate the property. This scenario poses the greatest potential risk and financial impact for landlords.

2. What is the difference between Eviction Legal Cover and  Rental Income Cover?

Eviction Legal Cover: We will appoint experienced attorneys to manage all legal processes of eviction and provide legal costs of up to R120 000. We do not recover loss of rental in this product.

 

Rental Income Cover: We will appoint experienced attorneys to manage all legal processes of eviction and provide legal costs of up to R120 000 and this policy will also provide cover for loss of rental.

 

3. How much rental loss is covered?

In cases where eviction is necessary, we cover 50% (Excess fee applies) of the rental loss for the first month, where after, for a further period of 5 months, 100% of the rental loss is covered.

 

It's important to note that once the tenant vacates the property, payments for rental loss will cease.

 

We cover 50% of the rental loss of the first month in the event that the tenant has absconded.

4. What is the cost of the Insurance?

If you take the legal policy, the monthly premium is R120.00 per month.

 

If you take the rental loss policy, the monthly premium is 3.5% of the rent.

 

Value Added Tax is included in the premium.

 

5. Does the policy cover utilities and/ or damages to the property?

No. The policy only covers rental loss and the eviction costs.

6. Will the utilities and damages be demanded from the tenant?

Yes. The letter of demand, as well as the eviction papers, will include the outstanding utilities and any amount that is payable by the tenant, but only the rental loss and the eviction costs are covered by this policy.

7. Can I get cover for rental loss more than R20 0000 per month?

Yes. Further information may be required and after consideration of risk, the cover may be increased.

 

8. How does the excess work?

The landlord does not have to effectively make payment for the excess. The excess is subtracted from the first payment of rental loss.

 

E.g. The monthly rental is R10 000.00.

  • If the tenant defaults and remains in the property, the pay-out to the landlord will be as follows:

    • Month one: R10 000.00 minus 50% excess = R5 000.00

    • Month two: R10 000.00

    • Month three: R10 000.00

    • Payment stops if the tenant vacates the property, either voluntarily or by way of legal process. 

 

  • If the tenant absconds:

  • One-month abscondment minus 50% of the rental loss (excess) is paid in terms of the policy, thus: R10 000.00 minus the excess = R5 000.00


9. May I use the deposit for outstanding rent?

  • On the expiration of the lease, the landlord may apply the deposit and interest (if applicable) towards the payment of all amounts for which the tenant is liable including :

    • reasonable cost of repair of damages to the property (excluding fair wear and tear).

    • unpaid/arrear rent.

    • unpaid/arrear utilities.

    • other costs agreed  upon between the parties in the lease agreement.

  • In terms of the Rental Housing Act a tenant cannot request a set off of the last month’s rental against the deposit. This does however not preclude a landlord from using the deposit for any arrear rental amount but is not advisable. The deposit is security for any damage to the property and if it is used to cover the last month’s rent, the landlord will have nothing to cover damage. It is more difficult to issue summons and claim damages than it is to claim for outstanding rent (as the latter is a liquid claim and damages must be proven).


10. Whom must I contact to lodge a claim?

Be so kind to use this link to submit your claim: Claims | Tenrisk

 

Be so kind to use the following email address for claims communication and provide the address of the rental property in the subject line: claims@mooirivierclrs.co.za

 

Our contact details are:

Office: 0871 700 189       

Cellular: 063 772 2012

Email: rentals@mooirivierclrs.co.za

 

11. When must I lodge a claim if the tenant is in arrears?

Within 7 business days from date of breach.


12. What is the usual turn-around for claim pay-out?

The date of payment is only an estimate:

  • Payment for the first month: Beginning of the second month. 

  • Payment for month 2 and onwards. At the end of each month.

  • We must confirm that the tenant has not made any payments during the month.

  • We must receive all information needed as per the claim form.

  • Note:  We must receive the claim documentation and cancel the rental agreement before any pay-outs can be made.

 

13. What happens if a tenant pays after a claim has been lodged?

  • If paid to attorneys, attorneys will refund the landlord and discard the claim.

  • If paid to landlord, proof must be sent to us to discard the claim.

  • Any amount received from the tenant will first be for rent and thereafter for utilities or any other amount owed. If tenant should make payments to you after we have paid rental loss to you, you have to reimburse us with rental loss paid to you.

 

14. What supporting document must I submit to lodge a claim?

Be so kind to provide all the information and documentation as requested. You can submit your claim here: Claims | Tenrisk

 

If a tenant needs to be evicted, further information will be requested from you, and you must provide this as soon as possible.

 

15. Can the landlord send the Letter of Demand to the tenant if the tenant is late for payment?

No. Letter of Demand must be actioned by our appointed attorneys. If you should send a letter of demand and it is not legally correct, we have to re-issue the demand. This may also bring forth part or non-payment of your claim.

 

16. What must I do when the lease agreement expires?

  • If the lease agreement will be renewed, contact us so that the necessary updates can be noted on your policy.

  • If the lease agreement is expiring and the tenant vacates the property, contact us to cancel the cover. Be so kind to use the following link on our website for cancellations: Cancellations | Tenrisk

  • If a new tenant occupies the property, contact us to vet the tenant for insurance purposes. We will amend your policy with the new tenant. Note:  If you do not contact us with the details of the new tenant, this may nullify the cover.

  • You can amend your policy and tenant by following the links found here: Amendments | Tenrisk

17. Am I covered for rental loss if eviction is made impossible by law?

No. The policy cannot answer if there is legislation that makes eviction impossible. We will either suspend or cancel the policy if this occurs.

 

18. What happens when R120 000 legal fee cover depletes but the eviction process is still not finalised?

Landlord will be liable for accounts over and above, although since 2006 this has never happened.

 

19. Can the landlord initiate cancellation of the rental agreement after the claim is lodged?

No. Our appointed attorneys will initiate cancellation of the rental agreement.

 

20. Is the landlord covered for any repair cost?

No. 


21. Can the claim be processed if landlord is not in South Africa?

Yes. Claims can only be paid into a South African bank account.

22. Is the landlord covered if the unit is sublet?

 We only cover a tenant who has been approved by us. We will not cover a sublet agreement. The best route for the landlord is that a formal rental agreement between the landlord and the potential subletting party is reached. This entails that the rental agreement between the landlord and current tenant must first be cancelled, we must approve the potential subletting tenant as the tenant, and this must be conducted before the subletting tenant occupies.

23. If the tenant vacates the unit without a legal notice period, and the landlords is left tenant-less, is the landlord covered for up to 1-month abscondment?

Yes. Excess fee will be deducted from the first month rental loss pay-out, equivalent to 50% of rental loss.

 

24. Can a rental agent act on behalf of the landlord to lodge a claim?

Yes, only when the agent has the mandate to do so.

 

25. Will the policy evict a tenant for reasons other than non-payment?

The policy exclusively covers cases where the tenant faces eviction due to non-payment of rental. Other reasons for eviction are not covered under this policy. 

 

26 Does the insurance company ensure the protection of the landlord's or tenant's personal information?

Yes, the personal information will only be accessed for policy related purposes.


If you should have any further questions, feel free to contact us at:

rentals@mooirivierclrs.co.za

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