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Mid-market insurance

Insurance for landlords of care homes and healthcare property

Care home and healthcare landlord insurance is property cover for owners who let care homes, surgeries or clinics to separate operators, rather than running the service themselves. It matters because these buildings are specialist, slow to re-let and governed by leases that split insurance duties in precise ways.

In short

A landlord who owns but does not operate a care home or healthcare building is usually responsible for insuring the structure and, in many leases, recharging the premium to the operator. The landlord needs buildings cover on a specialist reinstatement basis, loss of rent with a long indemnity period, property owners liability and clear vacancy arrangements. The operator insures its own equipment, business interruption, employers and public liability and treatment risks. The CQC registers the operator, not the owner, so if an operator leaves, a replacement generally needs its own registration before the building can be used for regulated care again.

Owning is not operating

Many care homes, GP surgeries, dental practices and clinics are owned by investors, family companies or pension schemes and let to an operator. The landlord's insurance job is different from the operator's. The landlord protects the asset and its income; the operator protects its service, staff, residents or patients.

The Care Quality Commission registers the legal entity that carries on the regulated activity, not the premises. A landlord who simply lets a building to a provider does not need to register. CQC does advise landlords to set out the extent of their role clearly in agreements with the provider, because where responsibilities are unclear and no one else is responsible, a landlord can end up being held responsible for activities in premises under its control.

For the operator's side of the picture, see our page on care home insurance. This page covers the owner's position, usually arranged under a commercial property owners policy or as part of a wider commercial property portfolio.

Buildings cover and specialist reinstatement

Healthcare buildings cost more to rebuild than their floor area suggests. A care home may have passenger lifts, nurse call systems, assisted bathrooms, fire compartmentation, sprinklers, commercial kitchens and accessible layouts. A surgery may have treatment rooms with specialist ventilation, drainage and services. The rebuild must meet current Building Regulations and any standards an operator would need to satisfy, not the standards in force when the building was first constructed.

A generic rate per square metre will often understate this. A measured reinstatement cost assessment, prepared to the RICS professional standard, is the safer basis. Our guide to commercial property rebuild valuations explains what goes into the figure and how often to review it.

Be clear about what the landlord insures and what the operator insures. Landlord's fixtures, such as lifts and fixed plumbing, normally sit with the building. Operator's equipment, furniture, beds and clinical items normally sit with the operator. Improvements the operator has paid for can fall into either column depending on the lease, so check them specifically.

Loss of rent, operator default and vacancy

If insured damage makes the building unusable, many leases suspend rent. Loss of rent cover replaces that income for the indemnity period. For healthcare property the period usually needs to be long: rebuilding a specialist building, obtaining consents and getting it back into use can take considerably longer than for a standard office. See loss of rent insurance explained.

Operator default is a different risk. If an operator fails financially or leaves, loss of rent cover generally does not respond, because there has been no insured damage. The landlord's protection lies in the lease covenant, guarantees, rent deposits and due diligence on the operator. A replacement operator would usually need its own CQC registration before it could carry on regulated activities at the building, which can extend the void.

An empty care home or clinic is exposed to escape of water, vandalism, metal theft and arson. Unoccupancy conditions commonly require inspections, draining systems and securing the site, and may narrow the perils covered. Tell your broker as soon as an operator gives notice or a building closes. See our guide to unoccupied property insurance.

Lease covenants and the liability split

Most healthcare leases are on full repairing and insuring terms: the landlord insures the building and recharges the premium as insurance rent, and the tenant repairs and maintains. The landlord's covenant to insure often sets out the insured risks, the basis of cover, noting of the tenant's interest and what happens to rent after damage. The policy needs to match those promises.

RiskUsually the landlordUsually the operator
Building structure and landlord's fixturesBuildings coverRepairs and maintains under the lease
Rental income after damageLoss of rentNot applicable
Operator's equipment and contentsNot applicableContents and equipment cover
Operator's income after damageNot applicableBusiness interruption
Injury from the building's conditionProperty owners liability for areas and defects it controlsPublic liability for its occupation
Staff injuryEmployers liability for its own staff, if anyEmployers liability
Care or treatment claimsNot applicableTreatment or medical liability
Lifts and plant inspectionsIf the lease leaves plant with the landlordCommonly, where the tenant controls plant

Where lifts, boilers or hoists sit with the landlord, an engineering inspection contract can deliver the statutory examinations. HSE guidance sets six month intervals for equipment that lifts people, unless an examination scheme says otherwise. Use of the building also matters to insurers; see tenant use and your property insurance.

Illustrative examples

These scenarios are illustrative only and do not describe any real property, operator or claim.

A fire at a let care home

A fire closes a 60 bed home let on a full repairing and insuring lease. The landlord's buildings cover pays for the rebuild and loss of rent pays the suspended rent. The operator's own policy deals with residents' relocation costs, its equipment and its lost income. If the landlord had chosen a short indemnity period, rent would stop being paid long before the home reopened.

An operator that leaves

An operator of a leased clinic enters insolvency and the building closes. There is no damage, so loss of rent does not respond. The landlord now holds an empty specialist building and must meet unoccupancy conditions while marketing it to a new operator.

Common mistakes and what to check with your broker

Before renewal, it is worth checking:

  1. That the policy matches the insuring covenant in each lease, including noted interests.
  2. When each building was last professionally assessed for reinstatement.
  3. The indemnity period against a realistic timeline for rebuilding and re-letting.
  4. Who controls lifts and plant, and who arranges inspections.
  5. What notice you would get if an operator plans to leave.

Surgeries and clinics raise similar points from the tenant side; see insurance for GP and dental surgeries. Apex arranges property cover for owners of care homes and healthcare buildings; a broker reads every enquiry.

Sources

Frequently asked

Does a care home landlord need to register with the CQC?

Generally not, if it simply lets the building to a provider. CQC says the legal entity carrying on the regulated activity must register. CQC also advises landlords to set out their role clearly in agreements, because unclear arrangements can leave a landlord held responsible for activities in premises it controls where no one else is.

Who insures a care home let on a full repairing lease?

Typically the landlord insures the building and recharges the premium to the operator as insurance rent, while the operator insures its contents, equipment, business interruption and liabilities. The exact split depends on the lease, so the insuring covenant and repairing obligations should be checked against the policy.

Will loss of rent pay if my care home operator goes bust?

Usually not. Loss of rent cover is generally triggered by insured physical damage that makes the building unusable. Operator insolvency is a covenant risk, normally managed through due diligence, guarantees and rent deposits. Unoccupancy conditions on the buildings policy are likely to apply while the property is empty.

Why does healthcare property need a longer indemnity period?

Specialist buildings take longer to design, rebuild and fit out, and a new operator may need its own regulatory registration before it can use the building. An indemnity period that suits a standard office may run out well before a care home or clinic is back in use and paying rent.

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Apex Insurance Brokers Limited is authorised and regulated by the Financial Conduct Authority. Registered in England and Wales, company number 07014570. This page is general information, not advice on your individual circumstances, and it does not guarantee that cover will be available or on what terms.