Commerical long leaseholders rights to see building insurance

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    Commerical long leaseholders rights to see building insurance

    Hi does any know if a commercial long leaseholder has the same right to obtain the building insurance schedule, I know this is covered be L&T act 1985. But not sure if mom residential is covered by this act. We are in the process of remortgage and our freeholder is proving difficult over an over charging dispute. We would like to know if we have the law on side in this matter. Our lease also says we have the right to see the insurance documents.

    #2
    I am semi-clueless about commercial property, but the lease will be paramount. So I think you have answered your question.

    Comment


      #3
      The lease states that we are entitled to see building insurance documents, it also state we have the right to be named on the policy as an interested party. No matter how many times we have requested the latter the FH has just ignored our repeated requests. That’s why we want to know if we as commercial leaseholder
      come under the L&T act 1985 to have the right to see the documents within the 21 day time frame.
      Thanks for responding

      Comment


        #4
        I think that the First Tier Tribunal (Property Chamber) does not have remit in commercial disputes, and the things you need to do will I think be outside the experience of most people on this particular Forum.

        That said, I think if the landlord is obliged to insure they will usually also be able to recover the full cost from the tenant under a usual lease? Are they claiming reimbursement at all?

        This case is relevant to you (not a commercial lease but see the note at the end about commercial leases): https://www.ukrealestatelawblog.com/...s-with-tenant/

        "Notwithstanding that the tenant’s interest was properly insured, the landlord was not entitled to recover the premiums because it had failed to insure the building in the joint names of the landlord and tenant."

        I should say that the law you refer to in respect in residential leases is totally toothless. Although it is a criminal offence not to provide these documents, the lawmakers and judges quite like crime, and they have deliberately made all mechanisms for progress of prosecution of this crime impossible -- so I would not seek comfort there.

        Comment


          #5
          We need the documentation for the bank just to prove insurance is in place, so we can remortgage . Our tenant pays the set % insurance proportion every year. It came to light that the FH upped the % to more than the % specified in our lease. We took legal advice and were advised to deduct the Overcharged amount from this years SC accounts. The FH is not happy. We were told we would hear from their solicitor in early Feb, we are still waiting. We think the only way to get this document is to use the L&T act if it applies.
          Thanks.

          Comment


            #6
            That blog is interesting, thanks

            Comment


              #7
              We hope the threat or starting the process of the law, would make them issue the schedule

              Comment

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