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There is a clause in my TA about indemnification of the landlord, which reads very broad and sweeping. I am told by my agent it is standard and every TA agreement would have sth like this but I have a hard time believing this as this is uninsurable exposing me to potentially uninsurable downside risks. May I ask if sth like this is indeed standard, especially the full indemnification of happenings regardless of who or what caused them?

“Notwithstanding anything herein contained the Landlord shall be under no liability to the Tenant, members of the Tenant’s, Tenant’s immediate family or to any other person who may be permitted to enter, occupy or use the said premises or any part thereof for accidents, happenings or injuries sustained or for loss or damages to property goods or chattels in the said premises or any part thereof whether arising from the defects in the said premises or the negligence of any servant or agent of the landlord to otherwise and the tenant shall keep the landlord fully indemnified against all claims, demands, actions, suits, proceedings, orders, damages, costs, losses and expenses of any nature whatsoever which the landlord may incur or suffer in connection with the aforesaid.”
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2 Answers

Yes, indeed that this is very much present in the tenancy agreements.

Once the tenant moves in, the landlord has limited control over what happens inside the unit (e.g., how furniture is placed, what electrical items are used, or how guests behave). So, this clause ensures the landlord isn’t blamed or held financially responsible for incidents caused by the tenant’s actions or by circumstances beyond their control.

Nevertheless, this clause does not give the landlord the right to neglect major and minor repairs they are responsible for.

If you have concerns over this clause, it is advisable to buy home contents insurance or public liability insurance to cover such risks, since the landlord won’t be responsible.

Hope the above helps!

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You’re right to be concerned. Clauses like this are extremely broad and can potentially expose a tenant to uninsurable liabilities. A few points to note:
1. Standard vs. Sweeping – While most TAs have some form of indemnity to protect the landlord from minor tenant-caused issues, it’s not standard to see a clause that absolves the landlord of all liability, including their own negligence, and requires the tenant to indemnify them fully for anything that happens on the premises. That is unusually sweeping.
2. Insurability – Most general renters’ insurance policies would not cover liabilities that arise from indemnifying a landlord for their negligence or defects in the property. That means the tenant could indeed be taking on potentially uninsurable risk.
3. Reasonableness – Courts generally frown upon clauses that attempt to completely absolve a party of liability for their own negligence. In practice, the enforceability of such a broad clause may be questionable if challenged, but it’s still risky to rely on that.
4. Negotiation – You can request the clause be narrowed to reasonable scenarios, e.g., tenant indemnifies landlord only for claims arising from the tenant’s actions, not the landlord’s negligence or defects in the property.
5. Professional Advice – This is the kind of clause where a qualified lawyer can give targeted advice. If you’re uncomfortable, you shouldn’t sign without clarification. Read More
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