If the flat is let, what does the landlord's insurance cover and what does the tenant's cover?

The landlord's insurance normally covers the buildings, meaning the walls, the floors, the installations and anything fixed, as well as his or her liability as owner. The tenant's normally covers his or her furniture and belongings and liability as occupier towards the neighbours. It only covers damage the tenant causes to the rented home if the policy includes it. Neither is compulsory as a general rule, but the tenancy agreement may require the tenant to have his or her own, although since October 2026 it cannot oblige the tenant to take out rent guarantee insurance. Who pays for a fault depends on its cause, because the age or poor condition of the installations is the landlord's responsibility and carelessness is the tenant's.

Alburquerque Abogados

José Manuel Alburquerque

The landlord's insurance

  • Damage to the structure, walls, floors, installations and fixtures.
  • The landlord's civil liability as owner, for example if an old pipe embedded in a wall bursts and floods the neighbour's flat.
  • The landlord's furniture, if the flat is let furnished.
  • Depending on the policy, cover specific to letting, such as unpaid rent or vandalism by the tenant. If the landlord wants to be insured against non-payment, he or she must take out and pay for the policy, because in tenancy agreements signed or renewed since 8 October 2026 the landlord cannot require the tenant to take out that insurance or any similar cover.

The tenant's insurance

  • The tenant's furniture, clothes, appliances and belongings.
  • The tenant's civil liability as occupier, for example if he or she leaves a tap running or the washing machine hose bursts and floods the neighbour's flat.
  • The tenant's liability to the landlord for damage he or she causes to the home, usually known as tenant's liability cover. It is worth having, because the law presumes that any deterioration of the rented home is the tenant's fault unless he or she proves otherwise.

Who pays for a water leak

If the leak is due to the age or poor condition of the plumbing, the repair falls to the landlord, who must keep the home fit to live in without raising the rent as a result. If it is due to the tenant's carelessness, the tenant is liable. Minor repairs required by everyday use are for the tenant, who must also inform the landlord of any fault as soon as possible. If the repair is urgent to prevent greater damage, the tenant may carry it out after notifying the landlord and then claim back what he or she has paid. The neighbour who has suffered the damage can claim against both of them and their insurers, so that they can sort out between themselves who is to blame.

This answer is provided for educational purposes and offers initial guidance on the question raised. Every matter has its own circumstances and nuances that require individual assessment. For that reason, before taking decisions with significant consequences, it is advisable to consult a professional and not to rely solely on this information. Personalised advice makes it possible to apply these explanations to the specific case and to assess the options available with greater certainty.