First-Tier tribunal question.

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    First-Tier tribunal question.

    Hi

    My Freeholder/Landlord will not send me a copy of the receipt of payment for the Buildings Insurance as stipulated in my lease.

    They have also demanded payment for the Communal electricity charges but again will not send me a copy of the Electric Company's invoice as proof of usage.

    Can somebody please advise me as to what section of the First-Tier tribunal I should use to try to resolve this matter?

    Thanking you in anticipation.

    Rod Yardley.

    #2
    I suggest you download the free guide to "Long Leaseholders" and "application to FTT " from www.lease-advice.org.

    Is your freeholder a private person or a company ?

    Usually after the annual service charge accounts have been issued ( within 6 months from end of reporting period ) , leaseholders have a 6 months period to make an appointment to view all the documents which confirm the expenditure.

    Leaseholders have the right to make a request in writing for a "summary of insured cover under the buildings insurance policy" . The freeholder commits a criminal offence if the leaseholder does not get the information within one month after making the written request.

    The summary of insured cover should show the policy validity dates, name of insurance company , the policy reference number ,name of the policy holder , the declare value for building reinstatement, the insure value of the building, public liability, employee liability , cover for water damage etc

    So send a written request by "registered post" which will prove the date your request was made in writing, if you need to report and prove the offence in the Magistrates Court.

    Comment


      #3
      a) Failure to send the insurance details is a criminal offense. However it is hard to act on that offense (i.e. nobody is interested in upholding the law - the courts and local authorities). You could in theory start a private prosecution but that is hard to do.

      b) Your main route is to pay your service charges in full and then start a FTT case under the category of reasonableness of service charges.

      Make sure you can document all of your many requests and the failure of response so that you can show this was your last resort. Try to bring a joint claim with several other lessees if you can.

      The bottom line is that leasehold law and it's implementation is designed to facilitate theft and deception (and to cause risk - such as that of non insurance or inappropriate insurance) - but you must do what you can.

      Comment


        #4
        Originally posted by AndrewDod View Post
        a) Failure to send the insurance details is a criminal offense. However it is hard to act on that offense (i.e. nobody is interested in upholding the law - the courts and local authorities). You could in theory start a private prosecution but that is hard to do.
        No doubt true, but I found that if you point out that a failure to supply the information is a criminal offence quoting chapter and verse that it has the desired effect.

        Comment


          #5
          Its a serious situation to be without building insurance , because all mortgage lenders require insurance cover for the property as a condition for mortgage lending. The liability for repaying the mortgage loan remains even if the building was total destroyed by lightning say.

          You may think you can sue the freeholder company but the company will just declare insolvency and go into liquidation and the leaseholders still left owing the mortgage loan.


          Its better to lobby your local MP for help if you have problems with your freeholder.

          Comment


            #6
            Hi

            Thank you all for your responses.

            In response to previous questions, the Freeholder/Landlord is Elmbirch Properties PLC.

            he summary of insured cover should show the policy validity dates, name of insurance company , the policy reference number ,name of the policy holder , the declare value for building reinstatement, the insure value of the building, public liability, employee liability , cover for water damage etc

            The Freeholder has sent me all of the above but no receipt of payment to the Insurance Company.

            They have also ignored all my requests for proof of communal electricity used ie as in the Electrical Company's bill.

            Regards,

            Rod Yardley.

            Comment


              #7
              The amount paid for insurance is different to the policy validity and fact of payment. The former is a service charge issue. Suggest use route I suggested.

              Comment


                #8
                Originally posted by Lawcruncher View Post
                No doubt true, but I found that if you point out that a failure to supply the information is a criminal offence quoting chapter and verse that it has the desired effect.
                I'll let you have a go at one of my freeholders. Completely cavalier about breaking the law in terms of insurance and straightforward theft of service charge funds from a trust account, and provision of paperwork -- all clear criminal offenses -- because he has learned that the police, local authorities and courts will do nothing at all even when they agree that there are criminal offenses and where lessees (including some vulnerable elderly people) have suffered severe detriment. FH lost at FTT on service charges (all service charges for a period of 4 years converted to zero by FTT) has also not repaid lessees or explained various thefts of funds .....

                because enforcing FTT judgments requires a further court process, and dealing with theft and criminal offenses requires cooperation of the police and local authorities and the courts.

                Comment


                  #9
                  Originally posted by AndrewDod View Post
                  The amount paid for insurance is different to the policy validity and fact of payment. The former is a service charge issue. Suggest use route I suggested.
                  Thanks again ,I am in the process of looking into that action as you suggest.

                  Regards,

                  Rod Yardley.

                  Comment


                    #10
                    Does the policy holder include the leaseholders in the block ?

                    I would send a written enquiry by registered post to the Insurance company asking for confirmation of the premium paid for the insured policy and what commission has been paid and the name of the recipient party .

                    Comment

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