If a tenant dies in my property, could I lose everything?

It sounds like you're creating a sham arrangement and on that basis you will be caught out. If you set up a company, then presumably you will be a director. As a director you will be assuming responsibilities.

I think the issue isn't so much as insurers avoiding paying out, it's more likely to be HSE fines, that can be significant. These are not insurable.

A limited company in general offers some shelter, but it's not absolute. I have known people done for corporpate manslaughter.

I am a great advocate of health and safety in rent property and encourage our landlords, tenants and contractors to behave safely. This does mitigate the risk somewhat (although it never goes away entirely because we're human).

You have Landlord insurance ?
You are complying with ALL the laws, rules and regs required to run a Rental business?
GSC, and EICR, PAT testing, decent homes standard, fire safety, CO alarms, fit for habitation ?

I would why Landlords are selling up and getting out.
PS Rent to Rent companies won't help the buck stops with you as the owner and Landlord.

Reply to the comment left by Graham Bowcock at 03/05/2023 - 10:26
Its not a sham arrangement - its recognising that when you have a portfolio of over 20 properties human error might be made and I am seeking to reduce the potential risk.
The contract will be with the management company and not me as the owner. Worst case that company goes bankrupt but I don't lose the value of all the properties

Reply to the comment left by DAMIEN RAFFERTY at 03/05/2023 - 10:52
Its not a rent to rent company as I would own the management company which has the contract with the tenant not myself as the owner

Reply to the comment left by Charles de Lastic at 03/05/2023 - 15:15
Sham might be too strong a word, but I'm always wary of attempts to avoid responsibility. As I said before, a limited company gives you some shelter, but it's not 100%. We have used limited companies for years, but I'm not sure I'd do anything different if we still ran a partnership.

With full respect - Its not a sham arrangement - its recognising that when you have a portfolio of over 20 properties human error might be made and I am seeking to reduce the potential risk.
The contract will be with the management company and not me as the owner. Worst case that company goes bankrupt but I don't lose the value of all the properties

If a tenant dies in your property and this can be attributed to your negligence you may well be held liable. Fines may be the least of your worries.
If you set up a Ltd company to "protect" yourself from liability you could find yourself charged with corporate manslaughter?
Directors of Ltd's can obtain obtain Directors indemnity liability, but likely not cover death due to negligence or lack of duty of care

If a tenant dies in your property, it is a tragic event that can have legal and financial implications for the landlord. However, the potential impact on the landlord's assets will depend on a number of factors, including the terms of the lease agreement, the laws in the jurisdiction where the property is located, and the actions taken by the landlord.

In general, the landlord may be responsible for dealing with the deceased tenant's personal property and for ensuring that the property is secured and not at risk of damage or theft. The landlord may also be required to comply with local laws regarding the disposal of the deceased tenant's personal property.

In addition, the landlord may face legal action from the deceased tenant's estate or family members if there are any disputes over the handling of the tenant's property or the condition of the property at the time of the tenant's death. The landlord could also be held liable if the tenant's death was caused by a hazardous condition on the property that the landlord knew or should have known about and failed to address.

To minimize the risk of legal and financial consequences in the event of a tenant's death, it is important for landlords to have a clear lease agreement that outlines their responsibilities and obligations, as well as to comply with all relevant laws and regulations. It is also a good idea to consult with a lawyer or legal expert for guidance on the landlord's rights and responsibilities in these situations.

Be cautious. If the electrician 's report says retest at least five yearly, but you have a change of tenant after three, re-test. Have an FRA. If you have acted prudently and foreseen as best you can, then it's almost impossible that you could be held liable.

Reply to the comment left by Charles de Lastic at 03/05/2023 - 15:40I suspect that a competent lawyer for the tenant's family would argue that the management company has a duty to inform the landlord of any health and safety issues, that the landlord should act on that information and consequently that you have liability in one capacity or the other. A judge might perhaps argue that both legal entities have liability.
If the death was not foreseeable or preventable despite your best endeavours then I think your insurers would have liability.