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.

Latest Activity

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  • Insrance cover for leaseholder
    gmt4114
    Hello, I inherited a
    downstairs
    flat in a typical terraced street, I also am the leaseholder for the upstairs flat, I receive no benefit for this I think the term is peppercorn lease. I have asked D Line for a quote on the flat I own and they have quoted me for this but they said I have to have cover...
    20-03-2019, 14:51 PM
  • Reply to Insrance cover for leaseholder
    leaseholder64
    Just to clarify. If the lease doesn't make anyone responsible for arranging the insurance, any party to it can go to the tribunal to force a change, but if it simply leaves the freeholder responsible for paying, you are likely to need unanimous agreement to change it.
    20-03-2019, 22:17 PM
  • A slightly more complicated water damage issue
    davebhoy
    Hello

    I own and am the landlord of a flat. The flat below is landlord owned and has tenants, the flat below them is owner occupied

    There has been an issue with a leak from the flat below mine into the flat below his, it has caused damage to the bathrooms in both flats....
    20-03-2019, 21:10 PM
  • Reply to Insrance cover for leaseholder
    leaseholder64
    Only if the other lease says you can.
    20-03-2019, 20:11 PM
  • Reply to Insrance cover for leaseholder
    gmt4114
    Sorry I worded that poorly, I own the freehold for both properties. So my question still holds, can I ask the owner of the other flat to pay towards the insurance is this a legal request? Not sure I understand leases at all if I own it but get nothing for it and I have to pay their building insurance,...
    20-03-2019, 18:52 PM
  • Reply to Insrance cover for leaseholder
    leaseholder64
    This only makes some sense if you are the freeholder.

    There is an unusual arrangement, in part of the North East, where two parties are own the leaseholds of the flat where they live and the freehold of the other flat. Are you in that party of the country, and specifically where.
    ...
    20-03-2019, 15:16 PM
  • Not quite another water leak question.
    Shreeve
    So today it was discovered there is a leak in our kitchen, directly above our window. I did some investigating and found a possible source, which appears to be a crack on the outside of the building, but above where our ceiling ends and above where our upstairs neighbors kitchen floor begins. The problem...
    16-03-2019, 15:46 PM
  • Reply to Not quite another water leak question.
    Shreeve
    I'm not the freeholder. I only own the house I currently live in. I tried contacting the letting agent, but that was on Saturday and I'm calling Monday. I had another look and noticed on the roof there are a few tiles loose above where the leak is, so I'm assuming that is the responsibility of everyone...
    17-03-2019, 22:43 PM
  • Reply to Not quite another water leak question.
    jpkeates
    I'd start with the letting agent - they're possibly in touch with the estate.
    17-03-2019, 11:52 AM
  • Reply to Not quite another water leak question.
    Jon66
    The trustees aka executors of the will hold ownership of the property. If no will the property will be subject to intestacy rules. Check the probate office for the name of the owner as a will is in the public domain and it will also name the trustees who won'tbe difficult to find once you have their...
    16-03-2019, 20:49 PM
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