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.

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    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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