House insurance lessee responsibility

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    House insurance lessee responsibility

    I recently bought a downstairs leasehold flat. It is a block of 8 flats, four along and 2 stories.The lease states that the leaseholder is responsible for ensuring the flat that has been insured and if this is not adequately done then the freeholder has the right to take out insurance and then charge the leaseholder. They can require that I let them have my insurance policy details. My solicitor says this practice is becoming more common. Initially I took out insurance whilst the flat was empty whilst I undertook work and then reported a change to the insurance company when the tenant moved in. The insurance company at this point initially said that the freeholder should insure the property and cancelled the insurance but then reinstated it when I was able to let them know that the freeholder definitely did not have insurance. They warned me that if anyone else in the building (7 other flats) has either insured the whole building (double insurance) or under-insured this will invalidate my insurance. The agent acting on behalf of the freeholder will only confirm they do not take out insurance for the building. I have no idea what the arrangements with the other 7 flats are and have no idea who the leaseholders are (if indeed they are leaseholders). Can I require the the freeholder confirms that all the other flats in the building are adequately insured and would they be liable if other parties have not adequately insured their flats? Many thanks

    #2
    There is no such thing as the insurance described (for the building). Please let us know the exact wording of the lease.

    It sounds to be a defective lease that is not possible to implement. May be worth FTT submission to determine how lessees are supposed to comply and to change the lease.

    You solicitor is talking rubbish about "says this practice is becoming more common".

    Comment


      #3
      Under the leasehold system, the freeholder is the legal owner of the building whilst the leaseholders own a long term rental agreement called a lease. From the insurance company's point of view, the building must be insured by the property owner. Leaseholders don't own the building and do not have an insurable interest.

      I agree with Andrew , your solicitor is talking rubbish.

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        #4
        Hi Guys, many thanks for your responses and sorry for delay in responding. I have been away. Can I ask what FTT is? (sorry, new to this) and I have scanned a copy of the lease, clause m, that I have but my photocopy misses out the words on one edge. If this is not okay I will have to try and get a copy of the actual document from my solicitor. Sorry it appears that the scanned copy is far too big to attach. I will need to type it out myself in Word and send it to you soon, thanks

        Comment


          #5
          Hi Guys I have photographed the 2 pages over which clause m extends and it seems that the system will take it in this format. Let me know if it is sufficiently clear for you to assess, thanks Andrew
          Attached Files

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            #6
            First Tier Tribunal

            I would definitely take it to them. You can probably do it without legal assistance and with some studying.

            I cannot see how a lease can oblige 8 individual lessees to insure their part of a building. That is simply not generally possible or feasible (although you could each individually insure the entire block of 8). You must have given wrong information to the insurer to get the insurance in the first place.

            Your solicitor should not have advised you that "this practice is becoming more common" but should have advised you not to purchase the lease at all.

            Comment


              #7
              Many thanks for your response and I will follow this up with the FTT

              Comment


                #8
                Inside the Lease , the Agreement should cover the following items:

                the front section should state :

                the property address ,
                the name of lessor and lessee(s),
                the term of the lease ( 99 years or 125 years etc) and commencing date ,
                the ground rent payable and the subsequent increases ,
                the lessee contribution to service charge account and buildings insurance.

                The second section covers : Lessor and lessees make covenants to each other.

                This section are covenants made by the Lessor and
                This section are covenants made by the lessee..

                The last section should cover disposal of Lease title and the charges payable for registration of legal notices etc by the lessee.

                The building belongs to Lessor so the Lessor has an insurable interest and legal responsibility for inuring the building and making claims under the insurance policy.if the building burns down to the ground.

                The lessee owns a lease and cannot claim against insurance if the lease burns down.

                The leaseholders should set up RTM to claim the landlord's right to insure the building. .

                Comment


                  #9
                  Again, thanks for your help on all this, really appreciated

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