Freeholder and s164

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    Freeholder and s164

    I know this has been discussed previously, however we've had the letter from {Mod - name removed} telling us to insure through their preferred company. The letter was received however a month after the renewal date, as such not possible to serve the notice under s164 within the 14 days stipulated. Last year they sent the correspondence well in advance of the renewal date, and so I served the notice on them in time. I have sent the notice again this year to them within 14 days of receiving the letter, but have got the usual threatening correspondence back, including an offer to pay £60 (not justified in any way) to allow us to carry on with our current policy. I know the onus is on the tenant to inform the freeholder of the insurer, however surely it is unreasonable to make the demand a full month after the renewal date. Do I have a leg to stand on or should I just pay the £60, as much as it would irk me to do so? Any advice appreciated

    #2
    Surely its upto you to insure and do everything to comply with S164, you don't have to wait for correspondence from the FH ?, that's my reading of it anyway.

    You say demand, what do you mean by this ?
    Advice given is based on my experience representing myself as a leaseholder both in the County Court and at Leasehold Valuation Tribunals.

    I do not accept any liability to you in relation to the advice given.

    It is always recommended you seek further advice from a solicitor or legal expert.

    Always read your lease first, it is the legally binding contract between leaseholder and freeholder.

    Comment


      #3
      By demand I mean {Mod - name removed} telling us to insure with LV. {Mod - name removed} never advised prior to the renewal date that they expect the insurance to be through a named company (which isn't the wording in clause in the lead anyway). Like I said, they sent correspondence prior to renewal last year and I served notice correctly. If I'm not advised that they would want a specific insurer until a month after the renewal date, is that reasonable? Or do I just have to remember to serve notice unprompted every year without hearing from them or knowing who their preferred company is for that particular year? I'm also loathe to pay £60 to them without justification

      Comment


        #4
        Please read forum rules in relation to 'naming and shaming'.

        http://www.landlordzone.co.uk/forums...hp?do=vsarules
        I also post as Mars_Mug when not moderating

        Comment


          #5
          What does the lease say ?

          I assume it says that the LH must insure through X, but S164 allows you not to use X but to insure using a company you choose, I cant see that this needs any interaction with the FH ?

          So you dont actualy mean demand as in it wasnt asking you for any money, just asking you to arrange and pay for insurance with X ?
          Advice given is based on my experience representing myself as a leaseholder both in the County Court and at Leasehold Valuation Tribunals.

          I do not accept any liability to you in relation to the advice given.

          It is always recommended you seek further advice from a solicitor or legal expert.

          Always read your lease first, it is the legally binding contract between leaseholder and freeholder.

          Comment

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