Building insurance for a block containing an empty flat

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    Building insurance for a block containing an empty flat

    Situation : block of 10+ flats, one of which is empty as the leaseholder is 'detained at Her Majesty's pleasure'
    (say)

    Consequently the insurance company for the building now require that :

    "PO03 Unoccupied Portion of Buildings

    Applicable to the Property Section
    It is a condition precedent to our liability that in respect of the unoccupied portion of the buildings:
    a an internal and external inspection of the unoccupied portions are made by a responsible and
    authorised person at least every seven days and any defects found are remedied promptly
    b the unoccupied portions are kept free of all combustible waste and materials
    c all letterboxes to the unoccupied portions are sealed shut.

    Subject otherwise to the terms, conditions and exclusions of the Property Section."

    My question is, is this normal ? is it reasonable ?
    What if the Leaseholder does not (or cannot) authorise anyone to enter the property ?
    Lets assume the flat is as you would leave it if planning to return shortly (furnished, etc much of which is combustible).

    Views / suggestions ?

    Richard

    PS Not a hypothetical situation !


    #2
    If the leaseholder is unable to make arrangements to allow the freeholder to enter the property, it is almost certainly a beach of the lease. Also leases generally say that voiding the insurance, or requiring additional premiums, is a breach.

    If you start forfeiture proceedings, I imagine they will find a way of resolving the problem.

    Comment


      #3
      Originally posted by rfph1 View Post
      My question is, is this normal ? is it reasonable
      Of course it's normal.

      It is also a stipulation of insurance companies to insist the heating is on in the flat between October and April, to prevent pipes freezing, bursting and flooding the building.
      Normally you have to ask this question of the insurance company, and they will reply with an in depth statement of time to have heating on.

      The freeholder also must be concerned about no heat being on during the winter, and possible flooding of other flats, therefore the freeholder should be entitled to gain access to inspect.
      You must also keep a record of the inspections, as if you don't and something happens that causes an insurance claim unrelated to the empty flat, the they wont pay out if you can not prove the flat was inspected every 7 days.

      You my also be liable for any standing water contamination in tanks in the flat or loft.
      Once every 2 months the water from every tap must be run to charge the whole system with clean fresh water, to prevent legionnaires disease.

      see https://www.rla.org.uk/landlord/guid..._disease.shtml

      But don't expect the leaseholder to do ANY of above, as my experience is they do not and will not, and lie about having inspected every 7 days.

      Comment


        #4
        The problem is simple to solve.

        Just give flat to a local letting agent or local Council to manage for during of the detention period

        Comment


          #5
          Originally posted by Gordon999 View Post
          Just give flat to a local letting agent or local Council to manage for during of the detention period
          You can't do that as it's the leaseholder that has to instruct and pay an agent, not the freeholder.
          Banged up for 12 months, that's about £ 1000 in fees. Who pays that ?
          Who pays for the heating / electric ? to comply with the lease / and or the insurance.

          Comment


            #6
            I think Social Security or relative will help the "detained" leaseholder.

            Comment

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