Buildings Insurance question.

[sameagle]

I live in a leasehold flat, purchased in 2003, it is one in a block of eight.

 

The lease is very simple, I pay £50 per annum ground rent to the freeholder, and he has to arrange buildings insurance, divide the premium by 8, and collect the payment, the contents insurance is my responsibility.

 

Eight years ago, the freehold was purchased by a different landlord, there is another block of four, further along the street, and he bought those, too, he owns one flat, in each block, which he rents out.

 

He is now refusing to insure the properties, [which I would think is a breach of the lease], but my question is, can I, and the remainder of the residents, insure our properties?

 

Enquiries at two insurance agencies, reveal that they have conflicting views and are in utter confusion - what is the definitive answer, please?

 

Sam

[honeybee13]

Hello there.

 

I'll move this to the lettings/freehold forum and see if the guys know the answer. At this stage, I think it's more of a property question than a legal one and the thread can be moved later if need be.

 

My best, HB

[raydetinu]

What does it say in the lease agreement? do you pay a service charge as well, which may include buildings insurance?

[sameagle]

Thanks HB.

 

raydetinu, No, no other charges are in the lease, that's why he's refusing to arrange the insurance.

 

His idea of running the show is to get the insurance, divide by ten, [instead of 12, so that we would have to pay his portion], then stick 20% on top, as a self invented "admin fee", and tells us that we aren't entitled to a copy of the insurance.

 

That's why he's never had any money from us since he bought the leases, we keep asking for it to be done in a business like manner, but this isn't his way, it seems!

 

Sam

Edited July 10, 2013 by honeybee13
Potentially pejorative word removed.

[raydetinu]

How is the buildings managed then, maintenance, repairs etc.?

If there is nothing in the lease about insurance then, surely you need to come to some arrangement, otherwise the whole lot could go up in flames and you would both lose out.

One for andydd, I think! try a pm.

[sameagle]

The insurance arrangements are in the lease, see para 2 in post# 1

 

Repairs are the agents responsibility, he is the agents for his two sons, who are the owners, and the total is to be split 8 ways, [4 in the case of the other block]

 

When the roof needed complete replacement about seven years ago, he wouldn't cooperate, saying to us that the roofs of "his" properties didn't leak!

 

Some of us had water ingress each time it rained - after 18 months, we made out own arrangements, when "our" contractors started work, he then said that his two sons owned a roofing firm, and that they had just ordered the materials, [for the "non leaking" roofs?], and that we should pay him, or he would take us to "The Country Court" - that's not a spelling error, by the way.

 

As he wouldn't pay his whack, we paid it, [£3000].

 

I have a letter from him stating that he considered the matter of the roof replacement, to be "racialist"!

 

He was arrested in May, for harrasment of another owner, and was given a "Criminal Caution", so he's skating on thin ice, he had one criminal conviction before his family bought the leases, and I understand a few CCJ are against his name, although that is only what I've been told .

 

Can anybody tell me if we can arrange our own insurance, please?

 

Sam

[mariner51]

IMO arranging buildings Ins for ind flats in a block not owned by Ts will be v difficult.

 

Ask your contents insurer/underwriter if they can suggest a way.

 

By racist does LL infer that he is not IC1 (white European) and the Ts are?

[sameagle]

Thank you Mariner, we obviously need investigate further, and yes, the LL, and his family are from the Country that was home to "Bin Liner".

 

All of the owner/residents are white/British.

 

Pug

Edited July 12, 2013 by sameagle
Added last sentence

[bellijayne]

Yes you do have the right to insure your own Flat. You'll find this in with the Unfair Consumer Contract Regs (1990). I'd also suggest Quote 123. I use them myself & have had no problem as I am not deemed a Tenant. Always remember that point - you are not a Tenant but a Leaseholder.