Isn't there any obligation to be insured?

Collapse
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

    Isn't there any obligation to be insured?

    Hi All,
    I recently bought a flat and learned since that the flat above is a regulated tenancy. The current tenant has moved in 1972. The flat is in a very shabby state, and I am worried about it (safety concerns, fire risk...etc). I wrote to the landlord and didn't receive any answer yet. A few days ago, I had water damage, coming from above. The tenant told me he hasn't got any insurance in place. Isn't there any obligation to be insured? What can I do next regarding this water damage? What can I do next regarding my general concerns about the state of the flat above? Many thanks

    #2
    We had a leak and owner not insured. Fortunately did the honourable think and paid costs.
    Insurance for flats can be difficult. Ours excludes water damage except by storm etc.
    If you can prove negligence I would make a claim on small claims. Obviously ask them to pay before legal route.
    Is there a freeholder ?
    Have you a lease ?

    Comment


      #3
      The only insurances that are legally required in the UK are Employers' Liability; and motor insurance.

      I suggest you write to the landlord again following up on your previous letter and notifying them of the leak. Depending upon the cause of the leak it may be covered by buildings' insurance. You perhaps were provided with a copy of the policy so could check once you know the cause of the leak (you may already know this).

      If the issue is not covered by insurance it may be the landlord's liability.

      Comment


        #4
        It should be stated in your lease who places the "buildings insurance" and what % each flat contributes.

        The "contents insurance" for each flat is paid by the flat owner

        Comment


          #5
          If the tenancy is regulated as you say it is likely the rent is very low, the tenant has very little money & the LL is unlikely to want to spend anything because the rent is very low!

          LL has statutory obligations but will probably being do very little in terms of upgrades, waiting for the tenant to move out.

          Comment


            #6
            If there is a leak from the flat above, then you need to claim on your insurance. I know it sounds unfair, but that is how it works. The upper flat is responsible for fixing the leak. Ideally the entire building should be under one insurance policy, but sometimes, people insure separately.


            Comment


              #7
              Hi All, many many thanks for your answers. As it is a regulated tenancy (beginning in 1972), indeed the rent is very low, the LL is doing the minimum expecting the tenant to move. I had the opportunity to look inside, it sounds in a very bad state, but I don't know up to which point this is just a private matter or it becomes risky for the building, and how I can ensure that. Regarding the water damage, it has stopped, the tenant said it came from the shower above but the problem has been fixed since, I don't have any further details. I will ask a quotation to repair it(mainly decoration rather than ceiling big damages here), but I am afraid the tenant won't pay and it will be under the excesses of my insurance. So LL will remain an option. The insurance for the building is split between the two flats, unusual but this is how it is. The lease isn't really detailed regarding it. I received a very detailed answer from the leasehold advice service, insurance issues don't seem easy. At this point, I understand that I'd better pray nothing major happens. the LL above is a company, Space Life, does anyone know them?

              Comment


                #8
                AS Flashback1966 has suggested, this is something that would usually be covered by your own insurance, or potentially the blocks insurance.
                It generally only becomes the responsibility of the tenant, or leaseholder, of the flat above if negligence can be proven.

                Comment


                  #9
                  Regarding the damages, which are small, I will leave it for the time being. I got an email from the Leaseholder of the flat, or more exactly the head of PRS of their management company, that they
                  will carry on some work this summer. I don't know how legal is an email, but this is a beginning.

                  Comment

                  Latest Activity

                  Collapse

                  • Share of feehold/shared service charges?
                    by Stu1020
                    Hi there,

                    I'm new to the forum and looking for advice on a sticky freehold situation.

                    I own a two-bed flat in a converted building with two one-beds. The lease states that a fair proportion is payable towards the service charge. However, there has been a running agreement of...
                    20-05-2022, 11:39 AM
                  • Reply to Share of feehold/shared service charges?
                    by Gordon999
                    Since your flat has 2 bedrooms and other flats have one bedroom, you should keep the existing 38:31:31 split as fair contribution to the annual service charge account.

                    For lease extension, the cost is mainly solicitors charges plus registration charge at Land Registry and Mortgage Lender.(...
                    28-05-2022, 10:48 AM
                  • Reply to Building works & S20 process
                    by Gordon999
                    The S20 consultation with leaseholders is required for any planned works which exceed £250 cost per flat.

                    If any planned works are quoted below £1000, you could place the order on the supplier with lowest quote. .

                    If the freeholder is self- managing the building maintenance,...
                    28-05-2022, 09:56 AM
                  • Building works & S20 process
                    by RichA
                    Hi. I have a freehold after selling a leasehold flat in a block of 4 flats. We don't currently have a managing agent, so these duties currently fall to me (I am holding off appointing a managing agent whilst the leaseholders consider whether they want to RTM).

                    The block needs some maintenance...
                    21-05-2022, 17:20 PM
                  • Reply to Share of feehold/shared service charges?
                    by sgclacy
                    You appear to have bought into the flat knowing at the time your share is 38% and having owned the flat feel that this is unjust.

                    Did you raise any concerns questions at the time of purchase that in a three flat split you would be paying more than 33.33% . Could it be argued that the unfairness...
                    28-05-2022, 09:04 AM
                  • Reply to Share of feehold/shared service charges?
                    by eagle2
                    The cost of extending a lease is not a service charge expense so there is no reason to allocate it on the 38/31/31 basis, your offer to split those costs equally seems to be reasonable. It is up to the freeholder to decide what is fair and reasonable for the service charges and it is up to the other...
                    28-05-2022, 05:29 AM
                  • Reply to Old managing agents accounts
                    by eagle2
                    Unless the handover took place at the end of the financial year, it is the RTM's responsibility to produce the annual accounts. You could try making a formal complaint against the agent to supply copies of all supporting documents, it should belong to a redress scheme. The difficulty is that the agent...
                    28-05-2022, 05:05 AM
                  • Old managing agents accounts
                    by jazzythumper
                    Since obtaining the RTM and changing the managing agent, we have never been given full accounts / receipts for the previous year(s). We believe that as the old freeholder and leaser holder of one of the flats were represented by the same solicitor that prior to the sale of the freehold, we were subsidising...
                    20-05-2022, 11:21 AM
                  • Reply to Freehold confusion
                    by CStevens
                    davetg,

                    The property should be registered so the land registry should hold a copy of the leases. You would need to look at the leases to see who is responsible for what but normally in a maisonette situation the freeholder would insure and maintain the structure, foundation and roof with...
                    27-05-2022, 21:58 PM
                  • Freehold confusion
                    by davetg
                    30 years ago I bought a flat from a friend. The freehold at the time was registered to my friend and the lady who owned the other flat. I understood at the time that I would replace the friend on the freehold but this never happened. This was not a problem until now as when work on the structure of...
                    24-05-2022, 14:29 PM
                  Working...
                  X