Whose responsibility to chase up insurance claim

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    #31
    They pay £335 annual buildings cover, there is no tribunal ever going to rule that unreasonable, regardless of excess, commissions or intention to claim. So don't waste your time.

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      #32
      Originally posted by Section20z View Post
      They pay £335 annual buildings cover, there is no tribunal ever going to rule that unreasonable, regardless of excess, commissions or intention to claim. So don't waste your time.
      We have not been told the cost of the insurance premium,

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        #33
        The RICS management code 12.7 states that a managing agent should "keep leaseholders informed of the progress of any claims ... or provide them with sufficient information to pursue the matter themselves".

        As the leaseholders are paying the premium, it is their decision, not the freeholder's, whether or not to make a claim. They can be warned of the possible consequences but that is all,

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          #34
          Well, yes, it is £6030 - 18 x 335.

          Claimed water damage 2018 £300 then excess put on of £500. Not sure who by, freeholder or insurers.

          Ridge tiles blown off £340 2019, no excess, put on service charges and excess raised to £350 before any claim was made, again not sure who by, probably by the freeholder considering the amount. The managing agent did advise the freeholder the day it happened. Insurer said claim was valid but policy holder must claim.

          Have chased the freeholder several times and think that it isn't the job of the residents but of the managing agent. He says it is 'not his remit' and won't do anything about it. This brings me back to my original post. Is it his responsibility to chase it as we have asked him to do?

          I can't see how he can keep us advised if he is not doing anything about it!

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            #35
            Originally posted by eagle2 View Post

            The Tribunal does not have the jurisdiction to consider whether or not claims should be made...
            They can consider whether any costs added to service charges are reasonable, and can rule that it is unreasonable for costs to be included if the leaseholders had paid for insurance cover that would cover the cost, and there was no good reason for a claim not to have been made.

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              #36
              Originally posted by Macromia View Post

              They can consider whether any costs added to service charges are reasonable, and can rule that it is unreasonable for costs to be included if the leaseholders had paid for insurance cover that would cover the cost, and there was no good reason for a claim not to have been made.
              I would argue that the leaseholders are being asked to pay twice but that is subject to there being other items which are disputed.

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                #37
                Originally posted by NaomiB View Post

                Claimed water damage 2018 £300 then excess put on of £500. Not sure who by, freeholder or insurers.

                Ridge tiles blown off £340 2019, no excess, put on service charges and excess raised to £350 before any claim was made, again not sure who by, probably by the freeholder considering the amount. The managing agent did advise the freeholder the day it happened. Insurer said claim was valid but policy holder must claim.

                Have chased the freeholder several times and think that it isn't the job of the residents but of the managing agent. He says it is 'not his remit' and won't do anything about it. This brings me back to my original post. Is it his responsibility to chase it as we have asked him to do?

                I suggest that you ask the freeholder to provide you with full details of the insurance cover if you are unsure.

                Most insurers allow leaseholders to make claims directly, If your insurer does not allow direct claims, you have no alternative but to ask the freeholder to make the claim.

                If you refuse to accept the service charge of £340, it will concentrate the freeholder's mind to at least respond to you.



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