Block buildings insurance policy

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  • Block buildings insurance policy

    We own one leasehold flat in a block of 4 leasehold flats, and are each provided with a copy of the buildings insurance certificate every year by the freeholders management company, but we require a copy of the building insurance policy & we would like to know who we should ask to send us a copy of the policy. Is it the Management Company to whom we pay our annual service charges to, or do we ask the freehold owners who own the freehold over the block in it's entirety to send us a copy of the policy, or do we ask the Insurance Brokers to send us a copy of the building insurance policy.

    I would appreciate it very much if a member of the forum could let me know which organization I have referred to above is legally required if asked, to send us a copy of the building insurance policy.
    moonface

  • #2
    who to ask for a copy of the current insurance cover

    If I were you I would ask both! But you may be referred back to the managing agent/management company, depending on how they arrange their affairs.

    I believe that you are entitled to be supplied with a copy of the particulars of cover to which you are contributed at least once per insurance year; and the obligation to provide probably lies ultimately with the freeholder, . You might be asked to pay a nominal photocopying charge, but in all probability they would agree to send you what you want in an email; anyone with a block policy is likely to have been sent a .pdf of the summary of cover and obtain a full copy of the policy from the insurer

    Comment


    • #3
      Here's paragraphs 1-3 of the Schedule to LTA 1985, with my underlining- you cannot use para. 3(2)(a) unless you first have the summary of cover:

      1. In this Schedule:
      “landlord”, in relation to a tenant by whom a service charge is payable which includes an amount payable directly or indirectly for insurance, includes any person who has a right to enforce payment of that service charge;
      “relevant policy”, in relation to a dwelling, means any policy of insurance under which the dwelling is insured (being, in the case of a flat, a policy covering the building containing it); and
      “tenant” includes a statutory tenant.

      2.(1) Where a service charge is payable by the tenant of a dwelling which consists of or includes an amount payable directly or indirectly for insurance, the tenant may require the landlord in writing to supply him with a written summary of the insurance for the time being effected in relation to the dwelling.
      (2) If the tenant is represented by a recognised tenants’ association and he consents, the request may be made by the secretary of the association instead of by the tenant and may then be for the supply of the summary to the secretary.
      (3) A request is duly served on the landlord if it is served on:
      (a) an agent of the landlord named as such in the rent book or similar document, or
      (b) the person who receives the rent on behalf of the landlord;
      and a person on whom a request is so served shall forward it as soon as may be to the landlord.
      (4) The landlord shall, within one month of the request, comply with it by supplying to the tenant or the secretary of the recognised tenants’ association (as the case may require) such a summary as is mentioned in sub-paragraph (1), which shall include:
      (a) the insured amount or amounts under any relevant policy, and
      (b) the name of the insurer under any such policy, and
      (c) the risks in respect of which the dwelling or (as the case may be) the building containing it is insured under any such policy.
      (5) In sub-paragraph (4)(a) “the insured amount or amounts”, in relation to a relevant policy, means:
      (a) in the case of a dwelling other than a flat, the amount for which the dwelling is insured under the policy; and
      (b) in the case of a flat, the amount for which the building containing it is insured under the policy and, if specified in the policy, the amount for which the flat is insured under it.
      (6) The landlord shall be taken to have complied with the request if, within the period mentioned in sub-paragraph (4), he instead supplies to the tenant or the secretary (as the case may require) a copy of every relevant policy.
      (7) In a case where two or more buildings are insured under any relevant policy, the summary or copy supplied under sub-paragraph (4) or (6) so far as relating to that policy need only be of such parts of the policy as relate:
      (a) to the dwelling, and
      (b) if the dwelling is a flat, to the building containing it.
      Request to inspect insurance policy etc.

      3.(1) This paragraph applies where a tenant, or the secretary of a recognised tenants’ association, has obtained either:
      (a) such a summary as is referred to in paragraph 2(1), or
      (b) a copy of any relevant policy or of any such parts of any relevant policy as relate to the premises referred to in paragraph 2(7)(a) or (b), whether in pursuance of paragraph 2 or otherwise.
      (2) The tenant, or the secretary with the consent of the tenant, may within six months of obtaining any such summary or copy as is mentioned in sub-paragraph (1)(a) or (b) require the landlord in writing to afford him reasonable facilities:
      (a) for inspecting any relevant policy,
      (b) for inspecting any accounts, receipts or other documents which provide evidence of payment of any premiums due under any such policy in respect of the period of insurance which is current when the request is made and the period of insurance immediately preceding that period, and
      (c) for taking copies of or extracts from any of the documents referred to in paragraphs (a) and (b).
      (3) Any reference in this paragraph to a relevant policy includes a reference to a policy of insurance under which the dwelling in question was insured for the period of insurance immediately preceding that current when the request is made under this paragraph (being, in the case of a flat, a policy covering the building containing it).
      (4) Subsections (3) to (6) of section 22 shall have effect in relation to a request made under this paragraph as they have effect in relation to a request made under that section.
      JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
      1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
      2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
      3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
      4. *- Contact info: click on my name (blue-highlight link).

      Comment


      • #4
        Need policy doc not just a summary?

        Ask freeholder and Agent both likely to raise a charge even though its probably a pdf they can email in seconds. Pay no more that £25- £30.

        If you have the policy number name and the insurer/broker, call them act "daft" and say you just cant find the policy could they send one. It works from time to time. If its someone like freehold managers or simarc then the brokers wont release it.
        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.

        Comment


        • #5
          Block Buildings Insurance Policy

          Thank you fellow members for your advice. I have followed your advice and sent a e-mail to the freehold companies Management Company to ask them to send me a copy of the block policy insurance policy, but all they have sent me is a copy of the insurance certificate I already have, and when I pointed this out to the management company via e-mail they did not answer my e-mail which I know they received.

          I should point out that it does state on the block insurance certificate that a copy of the block insurance policy can be obtained on request (this info is stated next to the insurance brokers name) and the broker sent me an e-mail to confirm they had sent me the copy policy, but then sent me another e-mail to say they won't send it and told me to ask for a copy of the policy from the freeholders.

          On the basis of the wording on my block insurance certificate, I am now of the opinion that the Management Company and the Insurance Brokers are not complying with the law in respect of this matter. Can anyone please let me know if I correct.
          moonface

          Comment


          • #6
            draft letter

            Write to the freeholder direct and the freeholder c/o the agent, recorded delivery, and any address on invoices annotated under section 47/48 etc the landlord is and the address for service is. In practice you can do one letter and put the addressees and their addresses at the top.

            I as leaseholder of XXXX write to make a formal request under section 30 A, schedule 3 (2) of the the landlord and tenant Act 1985 that having received the summary of the policy on the dd mm yy, copy attached, requring facilities to call at your offices to inspect the policy, to take a copy, and inspect the premium invoice payment records and receipt within one month of the date of this letter.

            I have copied this letter to the local authority (name) as the enforcing authority.

            They are obliged to give a period of two months to do this with one month of the request.
            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.

            Comment


            • #7
              Block Insurance

              Thank you so much for your advice Leaseholdanswers, I will send the letter you have so kindly drafted on my behalf.

              Is ARLA the enforcing authority I should refer the freehold/ management companies to in my letter, I can confirm they are members of ARLA. Can you please clarify.
              moonface

              Comment


              • #8
                Originally posted by leaseholdanswers View Post
                under section 30 A, schedule 3 (2) of the the landlord and tenant Act 1985
                Make that read "under section 30A of the Landlord and Tenant Act 1985 and paragraph 3(2) in the Schedule to that Act".
                JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
                1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
                2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
                3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
                4. *- Contact info: click on my name (blue-highlight link).

                Comment


                • #9
                  Agent

                  ARMA regulate member firms.

                  Jeffrey thanks for the tweak on the draft- the medication was wearing off!
                  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.

                  Comment


                  • #10
                    Silly me, of course you are right leaseholdanswers, it's ARMA, not ARLA.
                    moonface

                    Comment


                    • #11
                      Originally posted by Mags25 View Post
                      Thank you fellow members for your advice. I have followed your advice and sent a e-mail to the freehold companies Management Company to ask them to send me a copy of the block policy insurance policy, but all they have sent me is a copy of the insurance certificate I already have, and when I pointed this out to the management company via e-mail they did not answer my e-mail which I know they received.

                      I should point out that it does state on the block insurance certificate that a copy of the block insurance policy can be obtained on request (this info is stated next to the insurance brokers name) and the broker sent me an e-mail to confirm they had sent me the copy policy, but then sent me another e-mail to say they won't send it and told me to ask for a copy of the policy from the freeholders.

                      On the basis of the wording on my block insurance certificate, I am now of the opinion that the Management Company and the Insurance Brokers are not complying with the law in respect of this matter. Can anyone please let me know if I correct.
                      1. What party has issued the block of flats building insurance certificate ?

                      2. Does the certificate show a summary all the information listed under item 4 of Jeffrey's post #3 ? e.g

                      - policy holder name
                      - policy commencing date
                      - insured building address
                      - Buildings declared value at xyz pds
                      - Buildings insured value at xyz+ pds
                      - Public liability at a pds
                      - Empoyee liability at b pds
                      - excess amount for water damage claim - 200 pds ?
                      - alternative accommodation at 20% ?

                      3. If no summary was sent to you within 30 days of your written request , and you can prove the date ( e.g by recorded delivery) , then you can report the criminal offence committed by your LL for failing to perform a duty imposed by the L&T Act 1985 to your local Housing Authority for prosecution or you can report it at the Local Magistrates Court ? Its the LL that has committed the offence - not the insurance broker.

                      4. You can ask the LL ( or insurance broker) to declare the commission taken under the policy and to check if wording in your lease allows commission to be paid.

                      Comment


                      • #12
                        I think that it is 2 part problem

                        1. The schedule which mags 25 has received.

                        2. Mags25 needs the policy, which there is no statutory entitlement to until
                        a; a schedule is sent ( whether or not it complies will not disbar b)
                        b: you only have a right to inspect and take copies, as well as review invoices receipt etc, and LL must comply not later than one month.

                        The broker refuses as his contract is with the landlord, and will be under instructions not to , a: so a landlord can charge a fee for sending a copy as alternative to the inconvenience of a personal visit; b they can avoid scrutiny of the cover and premium.
                        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.

                        Comment


                        • #13
                          block insurance on 4 leasehold flats (none owned by the freehold company)

                          Having now checked our original lease, it clearly states the lessors (the freehold company) are responsible for paying the building insurance on the block of four leasehold flats.

                          As we 4 lessees in the block pay 25% each per annum for the block building insurance which is included on annual maintenance charges via the lessors management companies annual bill. I am now of the opinion that this is perhaps the reason why the lessors management company, and the lessors insurance brokers will not provide me with a copy of the block insurance policy I requested they send me some weeks ago, bearing in mind that it states quite clearly on the block building insurance certificate that a copy of the policy is available on request from the Insuranc Brokers.

                          Can anyone please advise me on my best course of action in light of the lease condition concerning the block building insurance, bearing in mind all I want is a copy of the block building insurance policy.
                          moonface

                          Comment


                          • #14
                            block insurance

                            Gordon999 & leaseholdanswers I had already posted my last message before I was able to read your last posts in respect of my matter, but I cannot thank you both enough for the advice you have both offered.
                            moonface

                            Comment


                            • #15
                              block building insurance

                              Gordon999, the summery on the copy block insurance certificate which the freehold companies management company provides us with once a year after, we pay our annual maintenance/service/building insurance/ground rent bill by cheque made payable to the freehold companies management company, does not state any of the information you listed in your post.

                              What do you think?
                              moonface

                              Comment

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