Freeholder adding rental insur. in buildings insurance - Am I liable for half?

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    Freeholder adding rental insur. in buildings insurance - Am I liable for half?


    Hi, new to the perils of leaseholding and looking for advice.
    • My freeholder is taking out buildings insurance.
    • The freeholder owns the flat below which is rented out (we are a building of two).
    • I am an owner occupier but the buildings insurance includes tenants insurance and income protection of 100k.
    • The costs are being divided in half.

      I would like to dispute these costs as my risk & requirements are considerably less, do I have right to do so?

    Cheers in advance!

    #2
    What does the lease say?

    Comment


      #3
      Sorry, that would have been helpful! Cheers for the reply!

      "To repay the lessor one half of the amount or amounts from time to time expended by the lessor in effecting and maintaining insurance on the demised premises at the times and in manner aforesaid"

      Possibly also related

      ....."to pay half the contribution towards the costs and expenses of constructing, repairing, rebuilding and renewing and lighting, cleansing and maintaining all party walls and party structures"

      I have no problem paying half for the building insurance but feel the tenant insurance is discretionary and a business expense of the freeholder.

      Comment


        #4
        There would normally be a clause requiring that insurance to be taken out, and that is more likely tot say what is to be
        insured.

        Comment


          #5
          Also one more Lessor Covenants

          "To insure...the Lessee and his Mortgagee or Chargee (if any) the Building against loss or damage by the insured risks in some insurance office or with underwriters of repute in the full rebuilding value thereof"

          Comment


            #6
            leaseholder64 Apologies found it after further reading. Basically reinstating/rebuilding are my understanding. Thanks for your patience!

            (These tenants make my life a nightmare so I am refusing contributing anything towards them!)

            Comment


              #7
              If that is all it says, I would say that you the loss of rent insurance is not recoverable from the service charge. On the other hand, this also means you don't have alternative accommodation, or public liability cover which are highly desirable, or essential.

              Comment


                #8
                leaseholder64 Thank you so much for your advice, I really appreciate it!

                Comment


                  #9
                  ( To clarify for others )
                  When a lease mentions "Tenant"; the leaseholder is a "Tenant" of the freeholder.
                  The freeholder is the landlord of the leaseholder. ( Leaseholder is tenant )

                  When you let a flat, the renter is a Tenant of the leaseholder.
                  The leaseholder is the landlord of the renter. ( Renter is a sub-tenant )

                  Unfortunately, the word Tenant and landlord have 2 meanings, as above.
                  Which is why I always use "Sub-tenant" to describe a renter in a leasehold flat. And often, leases may have clauses mentioning sub-tenants ( Also known as under-letting )

                  Comment


                    #10
                    ram Thanks for the info. The terms are getting very confusing. For this insurance I am considered the "owner occupier/home owner" and my freeholder is considered the "tenant" as the landlord of the flat.

                    Ah the joy of leasehold!

                    Comment


                      #11
                      The freeholder is a landlord for both flats; the only difference is that one is on a long lease with a low rent, and the other, presumably, on a short lease with a high rent.

                      I doubt the insurance refers to owner occupiers at all. You are a tenant.

                      Comment

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