Is my managing agent keeping me in the dark about a known building issue?

Reply to Loretta
I made a facetious comment for which I apologise. The reason I made it is appears the freeholder who is the owner of the property who granted the leases remains responsible for repairs to building structure is getting the cost of repairs to the building paid by leaseholders.There is the issue why the MA acting for the freeholder is not putting a claim under the building/block insurance.
As the following post stated under landlord & tenant act 21(1) you have the implied legal right to inspect policy and other documents and it is an offence to refuse.
Also why is the MA not managing all the flats in your building?

OK, several points here

1. Insurance may not cover these repairs. If the escape of water is caused through lack of maintenance or faulty installation then that is not an insurable event. When it first happens, everyone will assume it is a random event, so insurance will cover it, but if it happens repeatedly, underwriters will repudiate the claim. (that is why all these cladding faults are not being fixed by the insurers)

2. The issue will have to be disclosed when selling, but not by you, by the managing agent! They have to complete a form called a LPE1 for the buyer which details any known issues in the building (not just your flat) and any insurance claims.

3. You are legally entitled to a copy of the insurance policy (free of charge)… Ask the managing agent for a copy and see what the policy excess is for escape of water… The higher it is, the more concerned your underwriter is becoming about the number of claims. The identity of the freeholder will be on every bill you ever received (it’s a legal requirement)

I think you said your block is 2 storey…. That helps. When water leaks 15 floors up, it travels down through every floor and the claim is massive. Yours are probably relatively small.

If you need any help in getting a copy of your lease, order on line from the land registry…. The cost direct from them is £11 ish….. Do not use the dozens of Web sites that will charge you more.

Agree with Tim Peter’s post. Couple of comments: check the name of the freeholder, if it’s a limited liability management company, has it full title with company registered number (CRN) and country ie England or Wales or Scotland and it’s registered office. There are issues of company title theft ie setting up accounts pretending they are in company name without the CRN.
I find it incredible that the conveyance of flats does not include the lease to the flat which is assigned and purchased is a legally binding contract and is the asset on which the mortgage is lent

Addendum: Street v Mountford is the case law

Hi, building surveyor here, this situation crops up in a couple of blocks I help manage. The block insurance covers escape of water from the communal pipes and also from lessees pipes (ie those that exclusively serve one flat such as the central heating pipework or the hot & cold water pipes to bathrooms etc). Strictly under the lease, lessees pipes are the lessees problem so block insurance covering them is a bonus for the lessees. My reccomendation to the directors is that they should reduce the block insurance to cover only the communal pipes and lessees to be advised to ensure their contents insurance covers their pipes. This is because the block insurance premiums are now prohibitive because there have been multiple claims not just from leaks from the old embedded copper pipe work in the screed but also from poor renovation works by lessees that caused expensive leaks in the common parts and adjacent flats due to uninsured plumbers being used.
Personally I would tell any prospective purchaser what you know and then add as far as you aware these leaks are covered by the block insurance (assuming it is the block insurer who are meeting these claims).
I don’t think this information would put off a purchaser as all flats have this issue to a greater or lesser extent.

The issue is that insurers offer of cover must legally comply with the lease agreements which are legally binding and the Supreme Court ruling that the lease must be followed word for word.
A solution is to vary the lease before a judge with consent by all parties including the freeholder and mortgage lenders with a deed of variation signed by all parties.
This will need surveyors report in first instance.

The MA is contracted to the freeholder which may be the man. co. Or external to the Man.Co.
The FH/Man Co granted the lease to your flat and you pay FH ground rent for allowing you to live on his Land provided you perform the contractual obligations in your lease and the FH performs his contractual obligations to you set out in the lease a legal document. Your contract is with the freeholder.
Do you know who the freeholder is? You can find out from the Land Registry and also get a copy of your lease for a small fee. Use website ending in gov.uk.