Leaseholder issues with freeholder?

When you purchased the property your solicitor would be sent the current insurance policy in place at that time. Did your solicitor not tell you who it was? They would have had to provide this to your mortgage lender.

Ask your solicitor and then contact the insurance company they had policy details of and see if they are also insuring the property. If they are, and you are, it will be a bl**dy nightmare for any claims.

If you are insuring the building and have signs of subsidence you will be paying the excess, usually around £1000. Might be able to get the freeholder to pay it but only if they aren’t insuring too as you should have used that insurance company for your claim.

I presume you have asked the letting agent.
Unless the lease stipulates carpeting the upstairs leaseholder, who may also be the freeholder, does not need to legally.

I am not an expert but I don’t think you can insure the building if you don’t own the freehold.

You need to seek legal advice on the noise, it should be possible to take action as there will be a real or implied requirement for you to have quiet enjoyment of your flat. There is a huge reduction in impact (as well as airborne) sound transmision with carpet on timber floors.

Reply to the comment left by Judith Wordsworth at 30/06/2023 – 11:09
Hi Judith thank you. I have contacted the freeholder and he is not paying the buildings insurance..I will.contact the solicitor about it as I have been through my paperwork and don’t have a record of them showing me this paperwork. The situation is a nightmare.

Reply to the comment left by Wyn Burgess at 01/07/2023 – 07:28
The lease does not state quiet enjoyment at all. I have contacted the neighbours and spoke to them, bought them a rug but thr freeholder does not want to pay out for a new carpet. It took 3 months to sort the leak in the bathroom upstairs.

If there’s double insurance they each pay out 1/3 of the claim. So take that into account

Reply to the comment left by Wyn Burgess at 01/07/2023 – 07:28
Hi
“Quiet enjoyment” does not refer to noise.
When your Landlord promises quiet enjoyment, he means, for example, his mortgagee will not bother you.
I am deliberately not using any legalese, just simple English.

The freeholder must get the insurance but the leaseholders contribute, what does it say in the lease?

You can insure a property without owning the freehold

Are you insuring their flat as well then?

Is this a two flat house?

Thanks to puzzler and scp

He certainly is having quiet enjoyment whereas I am not.

I did not have a problem insuring the property. I am insuring the building bur not their flat upstairsfor the inside. I have been very naive with the insurance as when I first asked about it he didn’t come back to me so I insured everything as he did not rwspnd to my messages and I was worried about not being insured..

Reply to the comment left by David Houghton at 01/07/2023 – 10:17
Rhank you for this..

I am.jsut nott sure how to go about making sure the freeholder is doing what they should..

Any ideas about the damage to my flat and gow to proceed???

Thanks