Leaseholder’s rights to 1 insurance policy information & 2 Right to Lodge a Claim

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    Leaseholder’s rights to 1 insurance policy information & 2 Right to Lodge a Claim

    Leasehold owners often need to see the policy information to assess the scope cover and insured sums, as well as for the purposes of investigation and resolving a dispute or litigation. An annual request along with retention of annual budgets invoices and accounts can prove useful in a future sale.

    The statutory right (and exceptions) are linked below and should be quoted in making such requests. Requests should be made as an exercise of your rights under section 30A Landlord and Tenant Act 1985 and schedule 3 Landlord and Tenant Act 1987 as below.

    http://www.legislation.gov.uk/ukpga/1987/31/schedule/3

    The Landlord is obliged by law to respond and if they fail to do so can be compelled by the local authority or magistrate’s court to do so and the landlord can also be prosecuted for failure to do so.

    As with most legislation it is obscure but the right exists to first obtain the summary and then access to the policy. There is no cost or fee due for the summary or the policy when exercising this right as the legislation does not allow for it.

    .................................................. .............

    Right To Make a Claim

    Landlords often refuse to process a claim and under the above there is the right to contact and notify the insurer of a claim which will assist you in progressing the matter. This statutory right, together with the lease wording, overrides the contractual exceptions in some policies to not contact those who are not the insured or are have no interest in the policy.
    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.

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  • Washing Machine leak
    aminta
    Hi All

    QQ

    I own ground floor flat in maisonette and own share of freehold with the upstairs neighbor. we both own the share of freehold.

    There are only two flats ( ground floor and first floor)

    Last week the upstairs washing machine waste pipe break...
    05-10-2019, 10:57 AM
  • Reply to Washing Machine leak
    jpkeates
    There's nothing stopping you making a claim, it doesn't cost a lot and it's possible the upstairs tenant might settle or at least make an offer to avoid court.
    Same if you get a solicitor to send a letter making the claim.

    There are a whole chain of things you'd have to be able to...
    07-10-2019, 14:55 PM
  • Reply to Washing Machine leak
    aminta
    The Upstair neighbour in the letter confirmed the leakage was due to the broken washing machine waste pipe and he is sorry for decoration damage.

    Based on my discussion with my tenant which he is happy to testify in court, The upstairs washing machine was shaking the whole building every...
    07-10-2019, 13:59 PM
  • Reply to Washing Machine leak
    jpkeates
    If you can prove it, your chances would be very different.

    Nothing you have posted so far has indicated that you have proof, just a (strong) belief that the vibration was the cause of the problem with the pipe and that the vibration was due to the washing machine being incorrectly bala...
    07-10-2019, 12:28 PM
  • Reply to Washing Machine leak
    aminta
    I don't think it's hard to prove negligence, I'd say that it's next to impossible.

    Even though i can prove the washing machine has not been set up properly ( ie vibration and shaking ) and vibration was the reason waster pipe was broken and cause a leak

    Thanks...
    07-10-2019, 10:45 AM
  • insurance by Ocaso through my freeholder (local authority) - is it enough?
    JamesHopeful
    I let out an ex-council leasehold flat. As I understand is usual with leasehold, it is insured through the freeholder (which in this case is the London Borough of Tower Hamlets). The insurer is Ocaso and the insurance is subject to the general conditions of their Household Building Insurance for Local...
    17-03-2013, 11:19 AM
  • Reply to insurance by Ocaso through my freeholder (local authority) - is it enough?
    MooseCode
    JamesHopeful did you ever get to a satisfactory arrangement?

    7 years later and the issue is still presenting difficulties. My wife is a Local Council Leaseholder who is subletting her flat. Her Council's Block Buidings Insurance Policy is also with Ocaso. Surprisingly it is less favourable...
    06-10-2019, 14:12 PM
  • Reply to Washing Machine leak
    jpkeates
    I don't think it's hard to prove negligence, I'd say that it's next to impossible.

    It's never happened before and pipes do leak.

    A solicitors letter might get the upstairs neighbour to make some kind of offer regardless....
    06-10-2019, 14:04 PM
  • Reply to Washing Machine leak
    Gordon999
    Normally the insurance company will only allow the named policy holder to make a claim under their insurance policy.

    So you must claim the cost of repair under your own flat's policy if the "joint freeholders" are not covered under a separate insurance policy for the entire building...
    05-10-2019, 22:03 PM
  • Reply to Washing Machine leak
    JK0
    Just put the whole problem in your insurer's lap. Maybe upstairs can be persuaded to reimburse your excess if you ask politely.
    05-10-2019, 19:47 PM
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