3 years ago | 2 comments
Hi, I am a landlord in a block of apartments and have needed to claim block insurance for a large water leak. So far the management company is refusing to claim on the block insurance and has ceased communication with me.
Does anyone know what steps I can take to force the claim as at end of the day I pay into it as part of the management fee.
Any advice would be greatly appreciated,
Steve
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Member Since April 2021 - Comments: 120
9:58 AM, 21st October 2023, About 3 years ago
You are entitled to inspect that the Block Buildings Ins policy that has been put in place on behalf of the LL for the block and take copies of the policy & all it’s associated documents. The request must be made in writing (be specific; copy of the schedule showing the excesses if not already provided & the policy T&C’s that also shows any exclusions). The landlord must comply within 21 days but they are only required to provide the summary once in each insurance period / policy year. Listen to this excellent 34 minute podcast taken from LEASE.advice.org
https://www.lease-advice.org/podcast/buildings-insurance-what-every-leaseholder-needs-to-know-2/
Where a landlord fails without reasonable excuse to comply with either a request for insurance details or to inspect or have copies of the relevant policy or associated documents, they commit a summary offence and are liable for a fine of up to £2,500 (level 4 on the standard scale) on conviction. Once in receipt, review the terms & conditions along with the policy schedule to see what is/isn’t covered. If you struggle to get a copy of the policy, do take it further but sadly it could be there’s something wrong with the policy or worst of all, the MA has not passed on the premiums to the insurer!! You can then pursue this through the LVT who should rule that the premiums taken to insure the policy must be refunded to leaseholders. With regards others comments in this thread about not claiming unless a substantial amount as it impacts on next years renewal that affects all leaseholders, I agree this is a nice thought & all efforts should have been taken through regular maintenance to avoid unnecessary damages, and smaller claims under say £1,000 after allowing for the excess should try to be avoided if affordable, but otherwise I disagree as the whole purpose of Buildings Ins is to be able to claim.
Member Since October 2022 - Comments: 410
2:28 PM, 21st October 2023, About 3 years ago
Insurances must prove the interest of the freeholder or the Lessors acknowledging they own the freehold as a note to whoever owns the property, and the names of the lenders.
This is to show the current insurance legal interest ‘as insurance is a condition of mortgage’ .
Insurance must be compliant with statutory requirements imposed by Commonhold & Leasehold reform act 2002.
Insurers are notorious for escaping liability and refusing claims on this kind of technicality and mortgages held by leaseholders would be nullified.
Member Since August 2016 - Comments: 508
3:25 PM, 21st October 2023, About 3 years ago
In practice, if you the freeholder’s tenant have paid your pro-rata share of the premium, Is it enough to ‘have your interest noted’ by endorsement on the Policy?
Member Since October 2022 - Comments: 410
4:30 PM, 21st October 2023, About 3 years ago
I’m talking about a leaseholder having purchased for a premium a long residential lease with registered title at HMLR to a flat.
Service charge costs set out in the lease includes insurance the conditions written in the lease.
As already posted leaseholders have a statutory right to inspect the policy to ensure it complies with lease and leaseholders mortgage agreement