superlandy
12-04-2010, 18:44 PM
Hello, i brought a flat with a mortgage which had been converted from a semi detatched house into 2 flats.
our flat had been sold with the freehold, at the time the upstairs flat had not been sold, so we were granted a lease for the interim by the landlord, until the upstairs flat sold at which time we would be transfered the full freehold.
when the upstairs property sold the upstairs buyers were granted a lease, and they brought on mortgage. we as the downstairs owners were transfered the full freehold (as stated in the sale advertisement)
As the freeholder, I am resposible as my lease states to ensure the building is insured with block insurance and to split the cost proportionately with the buyers of upstairs. so 50/50 insurance costs, seems fair to me.
in my lease it also states that i should charge a ground rent, (popcorn rent) £50. As reluctant as i am to charge a neighbour, i do so on the grounds of following the instruction of the lease.
I have done that now for two consecutive years.
The first year after sending 3 statutory polite notices, and giving them a number of options to pay in instalments / all at once with no interest, it took 3 months to get payment for half of the block insurance from the upstairs people, after a blazing row.
They had been sold a mortgage with free insurance, which was unfortunate as it states in the lease (which they should have read before signing!) that
buildings insurance is to be set up by the landlord only (acting landlord) and they pay half, you cannot have a block of flats with each tenant insuring there own section with buildings insurance, it is not legal insurance, and is why block insurance is valid for blocks, and someone has to be responsible for that action, the freeholder.
Initially after not recieving payment from upstairs, I went to a solicitor last year it cost me just under a hundred pounds to get advice, and the best advice he could give me was approaching them if i had allready sent letters,
, well, i wanted to avoid that because its not very easy, that approach turned into a row, as predicted. well, full insurance payment came soon after but i was still left £100 out of pocket for the soilictor visit. I look at it as personal advice.
My problem is again, this year , exactly one year after last, that the people upstairs are not paying there half of the insurance after i sent a polite statutory notice, i have sent two letters now, one on 3rd of march, one on 6th april, still no response. I see a repeat of last year approaching again.
I am getting tired of paying for someone else insurance, but, i cannot default because i would be putting my own investment at risk (my flat) i must keep paying block insurance, because, my lease tells to.
I see that anything other that i do which is not within the boundaries of the lease will not stand up in court. i have no other choice but to keep paying.
I have sent no requests for maintenance on the building , which is luckily in a good state of repair, no other fees, nothing. Just buildings insurance. Its not much as far as that is either, far less than an normal house!.
what can i do? i am tired of bieng ignored and paying for someone elses share of insurance out of my own wallet. thanks for any advice.
adam.
our flat had been sold with the freehold, at the time the upstairs flat had not been sold, so we were granted a lease for the interim by the landlord, until the upstairs flat sold at which time we would be transfered the full freehold.
when the upstairs property sold the upstairs buyers were granted a lease, and they brought on mortgage. we as the downstairs owners were transfered the full freehold (as stated in the sale advertisement)
As the freeholder, I am resposible as my lease states to ensure the building is insured with block insurance and to split the cost proportionately with the buyers of upstairs. so 50/50 insurance costs, seems fair to me.
in my lease it also states that i should charge a ground rent, (popcorn rent) £50. As reluctant as i am to charge a neighbour, i do so on the grounds of following the instruction of the lease.
I have done that now for two consecutive years.
The first year after sending 3 statutory polite notices, and giving them a number of options to pay in instalments / all at once with no interest, it took 3 months to get payment for half of the block insurance from the upstairs people, after a blazing row.
They had been sold a mortgage with free insurance, which was unfortunate as it states in the lease (which they should have read before signing!) that
buildings insurance is to be set up by the landlord only (acting landlord) and they pay half, you cannot have a block of flats with each tenant insuring there own section with buildings insurance, it is not legal insurance, and is why block insurance is valid for blocks, and someone has to be responsible for that action, the freeholder.
Initially after not recieving payment from upstairs, I went to a solicitor last year it cost me just under a hundred pounds to get advice, and the best advice he could give me was approaching them if i had allready sent letters,
, well, i wanted to avoid that because its not very easy, that approach turned into a row, as predicted. well, full insurance payment came soon after but i was still left £100 out of pocket for the soilictor visit. I look at it as personal advice.
My problem is again, this year , exactly one year after last, that the people upstairs are not paying there half of the insurance after i sent a polite statutory notice, i have sent two letters now, one on 3rd of march, one on 6th april, still no response. I see a repeat of last year approaching again.
I am getting tired of paying for someone else insurance, but, i cannot default because i would be putting my own investment at risk (my flat) i must keep paying block insurance, because, my lease tells to.
I see that anything other that i do which is not within the boundaries of the lease will not stand up in court. i have no other choice but to keep paying.
I have sent no requests for maintenance on the building , which is luckily in a good state of repair, no other fees, nothing. Just buildings insurance. Its not much as far as that is either, far less than an normal house!.
what can i do? i am tired of bieng ignored and paying for someone elses share of insurance out of my own wallet. thanks for any advice.
adam.