Tenant breach of lease and planning law - affect on building insurance

Collapse
X
  • Filter
  • Time
  • Show
Clear All
new posts

  • Tenant breach of lease and planning law - affect on building insurance

    Hello

    Our leaseholder has undertaken works to their flat without freeholder consent. We have been assured that the work is non-structural although they have changed the layout of the flat. Some of the work requires planning permission. They are definitely in breach of their lease and we are trying to deal with it amicably. However, they are dragging their heels and I am concerned about the building insurance angle. Can failure to obtain planning permission / freeholder consent for relevant works void the building insurance even if a claim is unrelated to those works? (The lease indemnifies us but I doubt our leaseholder has the funds to cover a large claim and in any event, I would prefer to avoid that.)

    Thank you

  • #2
    Only your insurance company can tell you if they will cease cover
    or refuse to pay out on a claim.

    Your first point, if you are the freeholder is to write and say that
    all work must stop as they do not have the freeholders permission
    to alter the layout of the flat.
    Iasume you have not seen the drawings / plans for the alterations
    ( including wireing / water pipes / drainage etc ) and if not , then
    the freeholder is entitled to get a surveyor tolook at the plans /
    actual flat, and his bill isgiven to the offending leaseholder.

    Plans should have been given to the freeholder first.

    Freeholders are not surveyors or solicitors, and can range from
    unemployed to Doctors, so expert advice is needed on alterations,
    drilling outside walls for boilers ( outside walls do not belong to the
    leaseholder etc....
    You are within your right to state that the alteratons must be
    removed and place be put back as per original plans, as no
    authorisation hasbeen given, and worst of all, none was asked for.

    R.a.M.

    Comment


    • #3
      Insurance is at risk of the Insurer having no liability if there is a causal connection between a breach of warranty or a failure to disclose material facts. Non invalidation protects you from that, as far as that policy allows, if you like it's an extra.

      The change in layout, and possible change in the inured sum are material facts. Any breach of the building regulations acops etc, failure to certify electrics gas etc can be breach of warranty.

      Best to check the policy as suggested and be prepared to have to act swiftly- the loss of building insurance cover should be of great concern to the tenant and his mortgagee.
      Based on the information posted, I offer my thoughts.Any action you then take is your liability. While commending individual effort, there is no substitute for a thorough review of documents and facts by paid for professional advisers.

      Comment

      Latest Activity

      Collapse

      • Landlord Cover - Cant Trace Who I'm Covered With
        Claymore
        Hi

        I'm definitely insured, generally via CIA on all of my properties. I know one of the properties is up for renewal but I don't have any email reminders. My post is being redirected because of a move, but no postal renewal. Other than going through my bank accounts, is there any other...
        23-08-2017, 10:58 AM
      • Any recommendations for boiler cover
        aciduzzo
        I had a bad experience this past year with 24/7 home rescue, where they ripped me off when my boiler broke down. This was because my boiler is quite old and they deemed it beyond economical repair. I was looking into Homeserve policies as i have had good experience with their plumbing cover, but it...
        02-08-2017, 14:48 PM
      • Reply to Any recommendations for boiler cover
        Stef Cooke
        We had BG fit our new boiler but will never allow any of their servicing engineers to look at it again. The first service the engineer turned up, said it couldn't be serviced as it had been boxed in... I epxlained that the cover slid foward, had no upward movement,. He said he couldn't do that without...
        22-08-2017, 15:39 PM
      • Insurer rights take Possession damaged Property
        Guby
        Some Underwriters have this clause in the Policy Wording:

        "We may enter any building where loss or damage has happened, take possession of the insured damaged property and deal with any salvage in a reasonable way"

        Should any clause like this be legally based or...
        26-07-2017, 08:37 AM
      • Reply to Insurer rights take Possession damaged Property
        Galatea
        My Policy wording says:

        'Following a claim you must allow us or anyone authorised by us
        a access to premises
        b to take possession of,
        or request delivery to us of any property insured'
        Policy is based on the contract you have signed....
        22-08-2017, 12:13 PM
      • Reply to Any recommendations for boiler cover
        Galatea
        British Gas are good and reliable but very pricey. When my old 30 year old boiler broke down 10 years ago they could not find parts so I had to replace with a modern. The new boiler is much more economical in fuel but will last 10 to 15 years they tell me.
        22-08-2017, 09:09 AM
      • Insurance shot up due to water leaks from upstairs.
        Flashback1966
        I have an irresponsible landlord upstairs. Twice, the ceiling has fallen due to a water leak.

        The council are useless and gave no help.

        My insurance has gone up, as I have had two claims during recent years.

        Is there anything I can do about this? Can the upstairs...
        08-08-2017, 15:53 PM
      • Reply to Insurance shot up due to water leaks from upstairs.
        Galatea
        I have same experience with 4 leaks in less than a year. My ceiling is very damaged. Insurance rose 7% even with the first settled claim which is now reoppened. There are 2 more to settle. The issue is to compare the legal cost and time of suing someone with the compansation you get and the chances...
        22-08-2017, 09:02 AM
      • Landlords contents insurance
        james99
        My landlords contents insurance is up for renewal shortly. The property is only part furnished so probably only c£3k of contents (buildings insurance is arranged separately via management company). Anyone got any recommendations for cheapest insurer for such a low value of contents needing insuring....
        21-08-2017, 16:47 PM
      • Reply to Landlords contents insurance
        JK0
        I took contents cover with Direct Line just so I had landlord's liability cover. It's about £100 per property.
        21-08-2017, 22:50 PM
      Working...
      X