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Mags25
13-07-2010, 18:04 PM
We own one leasehold flat in a block of 4 leasehold flats, and are each provided with a copy of the buildings insurance certificate every year by the freeholders management company, but we require a copy of the building insurance policy & we would like to know who we should ask to send us a copy of the policy. Is it the Management Company to whom we pay our annual service charges to, or do we ask the freehold owners who own the freehold over the block in it's entirety to send us a copy of the policy, or do we ask the Insurance Brokers to send us a copy of the building insurance policy.

I would appreciate it very much if a member of the forum could let me know which organization I have referred to above is legally required if asked, to send us a copy of the building insurance policy.

quarterday
13-07-2010, 21:57 PM
If I were you I would ask both! But you may be referred back to the managing agent/management company, depending on how they arrange their affairs.

I believe that you are entitled to be supplied with a copy of the particulars of cover to which you are contributed at least once per insurance year; and the obligation to provide probably lies ultimately with the freeholder, . You might be asked to pay a nominal photocopying charge, but in all probability they would agree to send you what you want in an email; anyone with a block policy is likely to have been sent a .pdf of the summary of cover and obtain a full copy of the policy from the insurer

jeffrey
14-07-2010, 11:46 AM
Here's paragraphs 1-3 of the Schedule to LTA 1985, with my underlining- you cannot use para. 3(2)(a) unless you first have the summary of cover:

1. In this Schedule:
“landlord”, in relation to a tenant by whom a service charge is payable which includes an amount payable directly or indirectly for insurance, includes any person who has a right to enforce payment of that service charge;
“relevant policy”, in relation to a dwelling, means any policy of insurance under which the dwelling is insured (being, in the case of a flat, a policy covering the building containing it); and
“tenant” includes a statutory tenant.

2.(1) Where a service charge is payable by the tenant of a dwelling which consists of or includes an amount payable directly or indirectly for insurance, the tenant may require the landlord in writing to supply him with a written summary of the insurance for the time being effected in relation to the dwelling.
(2) If the tenant is represented by a recognised tenants’ association and he consents, the request may be made by the secretary of the association instead of by the tenant and may then be for the supply of the summary to the secretary.
(3) A request is duly served on the landlord if it is served on:
(a) an agent of the landlord named as such in the rent book or similar document, or
(b) the person who receives the rent on behalf of the landlord;
and a person on whom a request is so served shall forward it as soon as may be to the landlord.
(4) The landlord shall, within one month of the request, comply with it by supplying to the tenant or the secretary of the recognised tenants’ association (as the case may require) such a summary as is mentioned in sub-paragraph (1), which shall include:
(a) the insured amount or amounts under any relevant policy, and
(b) the name of the insurer under any such policy, and
(c) the risks in respect of which the dwelling or (as the case may be) the building containing it is insured under any such policy.
(5) In sub-paragraph (4)(a) “the insured amount or amounts”, in relation to a relevant policy, means:
(a) in the case of a dwelling other than a flat, the amount for which the dwelling is insured under the policy; and
(b) in the case of a flat, the amount for which the building containing it is insured under the policy and, if specified in the policy, the amount for which the flat is insured under it.
(6) The landlord shall be taken to have complied with the request if, within the period mentioned in sub-paragraph (4), he instead supplies to the tenant or the secretary (as the case may require) a copy of every relevant policy.
(7) In a case where two or more buildings are insured under any relevant policy, the summary or copy supplied under sub-paragraph (4) or (6) so far as relating to that policy need only be of such parts of the policy as relate:
(a) to the dwelling, and
(b) if the dwelling is a flat, to the building containing it.
Request to inspect insurance policy etc.

3.(1) This paragraph applies where a tenant, or the secretary of a recognised tenants’ association, has obtained either:
(a) such a summary as is referred to in paragraph 2(1), or
(b) a copy of any relevant policy or of any such parts of any relevant policy as relate to the premises referred to in paragraph 2(7)(a) or (b), whether in pursuance of paragraph 2 or otherwise.
(2) The tenant, or the secretary with the consent of the tenant, may within six months of obtaining any such summary or copy as is mentioned in sub-paragraph (1)(a) or (b) require the landlord in writing to afford him reasonable facilities:
(a) for inspecting any relevant policy,
(b) for inspecting any accounts, receipts or other documents which provide evidence of payment of any premiums due under any such policy in respect of the period of insurance which is current when the request is made and the period of insurance immediately preceding that period, and
(c) for taking copies of or extracts from any of the documents referred to in paragraphs (a) and (b).
(3) Any reference in this paragraph to a relevant policy includes a reference to a policy of insurance under which the dwelling in question was insured for the period of insurance immediately preceding that current when the request is made under this paragraph (being, in the case of a flat, a policy covering the building containing it).
(4) Subsections (3) to (6) of section 22 shall have effect in relation to a request made under this paragraph as they have effect in relation to a request made under that section.

leaseholdanswers
14-07-2010, 13:29 PM
Ask freeholder and Agent both likely to raise a charge even though its probably a pdf they can email in seconds. Pay no more that £25- £30.

If you have the policy number name and the insurer/broker, call them act "daft" and say you just cant find the policy could they send one. It works from time to time. If its someone like freehold managers or simarc then the brokers wont release it.

Mags25
14-07-2010, 18:19 PM
Thank you fellow members for your advice. I have followed your advice and sent a e-mail to the freehold companies Management Company to ask them to send me a copy of the block policy insurance policy, but all they have sent me is a copy of the insurance certificate I already have, and when I pointed this out to the management company via e-mail they did not answer my e-mail which I know they received.

I should point out that it does state on the block insurance certificate that a copy of the block insurance policy can be obtained on request (this info is stated next to the insurance brokers name) and the broker sent me an e-mail to confirm they had sent me the copy policy, but then sent me another e-mail to say they won't send it and told me to ask for a copy of the policy from the freeholders.

On the basis of the wording on my block insurance certificate, I am now of the opinion that the Management Company and the Insurance Brokers are not complying with the law in respect of this matter. Can anyone please let me know if I correct.

leaseholdanswers
14-07-2010, 19:15 PM
Write to the freeholder direct and the freeholder c/o the agent, recorded delivery, and any address on invoices annotated under section 47/48 etc the landlord is and the address for service is. In practice you can do one letter and put the addressees and their addresses at the top.

I as leaseholder of XXXX write to make a formal request under section 30 A, schedule 3 (2) of the the landlord and tenant Act 1985 that having received the summary of the policy on the dd mm yy, copy attached, requring facilities to call at your offices to inspect the policy, to take a copy, and inspect the premium invoice payment records and receipt within one month of the date of this letter.

I have copied this letter to the local authority (name) as the enforcing authority.

They are obliged to give a period of two months to do this with one month of the request.

Mags25
14-07-2010, 21:01 PM
Thank you so much for your advice Leaseholdanswers, I will send the letter you have so kindly drafted on my behalf.

Is ARLA the enforcing authority I should refer the freehold/ management companies to in my letter, I can confirm they are members of ARLA. Can you please clarify.

jeffrey
15-07-2010, 11:26 AM
under section 30 A, schedule 3 (2) of the the landlord and tenant Act 1985
Make that read "under section 30A of the Landlord and Tenant Act 1985 and paragraph 3(2) in the Schedule to that Act".

leaseholdanswers
15-07-2010, 16:07 PM
ARMA regulate member firms.

Jeffrey thanks for the tweak on the draft- the medication was wearing off!

Mags25
16-07-2010, 13:45 PM
Silly me, of course you are right leaseholdanswers, it's ARMA, not ARLA.

Gordon999
17-07-2010, 15:29 PM
Thank you fellow members for your advice. I have followed your advice and sent a e-mail to the freehold companies Management Company to ask them to send me a copy of the block policy insurance policy, but all they have sent me is a copy of the insurance certificate I already have, and when I pointed this out to the management company via e-mail they did not answer my e-mail which I know they received.

I should point out that it does state on the block insurance certificate that a copy of the block insurance policy can be obtained on request (this info is stated next to the insurance brokers name) and the broker sent me an e-mail to confirm they had sent me the copy policy, but then sent me another e-mail to say they won't send it and told me to ask for a copy of the policy from the freeholders.

On the basis of the wording on my block insurance certificate, I am now of the opinion that the Management Company and the Insurance Brokers are not complying with the law in respect of this matter. Can anyone please let me know if I correct.

1. What party has issued the block of flats building insurance certificate ?

2. Does the certificate show a summary all the information listed under item 4 of Jeffrey's post #3 ? e.g

- policy holder name
- policy commencing date
- insured building address
- Buildings declared value at xyz pds
- Buildings insured value at xyz+ pds
- Public liability at a pds
- Empoyee liability at b pds
- excess amount for water damage claim - 200 pds ?
- alternative accommodation at 20% ?

3. If no summary was sent to you within 30 days of your written request , and you can prove the date ( e.g by recorded delivery) , then you can report the criminal offence committed by your LL for failing to perform a duty imposed by the L&T Act 1985 to your local Housing Authority for prosecution or you can report it at the Local Magistrates Court ? Its the LL that has committed the offence - not the insurance broker.

4. You can ask the LL ( or insurance broker) to declare the commission taken under the policy and to check if wording in your lease allows commission to be paid.

leaseholdanswers
17-07-2010, 16:18 PM
I think that it is 2 part problem

1. The schedule which mags 25 has received.

2. Mags25 needs the policy, which there is no statutory entitlement to until
a; a schedule is sent ( whether or not it complies will not disbar b)
b: you only have a right to inspect and take copies, as well as review invoices receipt etc, and LL must comply not later than one month.

The broker refuses as his contract is with the landlord, and will be under instructions not to , a: so a landlord can charge a fee for sending a copy as alternative to the inconvenience of a personal visit; b they can avoid scrutiny of the cover and premium.

Mags25
20-07-2010, 16:35 PM
Having now checked our original lease, it clearly states the lessors (the freehold company) are responsible for paying the building insurance on the block of four leasehold flats.

As we 4 lessees in the block pay 25% each per annum for the block building insurance which is included on annual maintenance charges via the lessors management companies annual bill. I am now of the opinion that this is perhaps the reason why the lessors management company, and the lessors insurance brokers will not provide me with a copy of the block insurance policy I requested they send me some weeks ago, bearing in mind that it states quite clearly on the block building insurance certificate that a copy of the policy is available on request from the Insuranc Brokers.

Can anyone please advise me on my best course of action in light of the lease condition concerning the block building insurance, bearing in mind all I want is a copy of the block building insurance policy.:confused:

Mags25
20-07-2010, 16:44 PM
Gordon999 & leaseholdanswers I had already posted my last message before I was able to read your last posts in respect of my matter, but I cannot thank you both enough for the advice you have both offered.:)

Mags25
20-07-2010, 16:58 PM
Gordon999, the summery on the copy block insurance certificate which the freehold companies management company provides us with once a year after, we pay our annual maintenance/service/building insurance/ground rent bill by cheque made payable to the freehold companies management company, does not state any of the information you listed in your post.

What do you think?

leaseholdanswers
20-07-2010, 17:43 PM
I cannot think of what else they could put on a certificate as the list covers the lot.

So what does the certificate actually list?

You have two options:

1: Having provided a summary, even if short of the mark, you should now, as per the earlier post acknowledge reciept of the certificate, without comment on the contents, and make the formal request to inspect the policy.

2: You can make a complaint to the local council as enforcing authority that they have provided the certificate, however it is your belief that it does not the required information under section 30 A of the landlord and tenant Act 1985. Make no mention of the request for the policy.

I would do both and se how it plays out.

On your post re payment, yes lease says that the landlord does have to pay for it, but also says that you have to repay him your share of it in the service charge. Leases have to be read back to front as the answer is seldom in one place!

Mags25
21-07-2010, 09:56 AM
Thank you leaseholdanswers, I have taken another look at the insurance certificate and the sum insured is stated, but not the value of the block. also the freeholders name is stated, as are main extensions list, "Day One uplift 30% applicable to sum insured,i.e. alternative accommodation costs, public Liability limit 5 million any one event. Gordon999 was correct, so all seems in order with the certificate.

I should have checked the certificate again sooner. I do apologies, and I take leaseholdanswers point about reading the lease back to back re payment of block buildings insurance.

One thing stands out to me more than anything else concerning my request for a copy of the block insurance policy, which I requested from the lessors management company in the first instance via e-mail at the beginning of this month, but they did not reply.

To date they have not mentioned one word in writing via e-mail or letter anything about my request for a copy of the block insurance policy. the MC in question would normally answer an e-mail query the same day, or at the latest the next working day.

The Management Company could have saved much time by simply answering my 1ST e-mail & advised me to contact their freehold clients to request a copy of the block insurance policy, but when I told them this via e-mail, they did not reply. I would have no problem paying the lessors for this service.

leaseholdanswers
21-07-2010, 12:58 PM
Thank you leaseholdanswers, I have taken another look at the insurance certificate and the sum insured is stated, but not the value of the block. also the freeholders name is stated, as are main extensions list, "Day One uplift 30% applicable to sum insured,i.e. alternative accommodation costs, public Liability limit 5 million any one event. Gordon999 was correct, so all seems in order with the certificate.




One thing stands out to me more than anything else concerning my request for a copy of the block insurance policy, which I requested from the lessors management company in the first instance via e-mail at the beginning of this month, but they did not reply.

To date they have not mentioned one word in writing via e-mail or letter anything about my request for a copy of the block insurance policy. the MC in question would normally answer an e-mail query the same day, or at the latest the next working day.

The Management Company could have saved much time by simply answering my 1ST e-mail & advised me to contact their freehold clients to request a copy of the block insurance policy, but when I told them this via e-mail, they did not reply. I would have no problem paying the lessors for this service.

The value of the block need not be stated if the day one uplift is shown.

Yes they should reply, landlords may not release the policy to their agents! In one case to get one I had write this sort of letter for a leaseholder of a block under my firms management for a difficult freeholder, who was/is our client, so that the propety manager could get one!

Mags25
21-07-2010, 15:20 PM
Thank you for your post leaseholdanswers.

Our original lease states; The lessors responsibility is to maintain a policy of insurance on the block to provide contingent cover in the event of any lessees of the flats in the block defaulting in their individual insurance obligations and to cover the block and the common parts thereof that are not covered by such flat lessees insurance.

Can someone kindly clarify exactly what this means.

jeffrey
21-07-2010, 15:46 PM
Yes. L insures the whole block- i.e individual flats**, the structure, and all areas for common use.

** This is however a little unusual. L's policy re flats is a 'reserve' policy, affording cover as to an individual flat only if T does not insure it. That seems to pre-suppose an insurance covenant on T's part (i.e. T is chiefly supposed to insure the flat; L's cover steps in only where T defaults).

leaseholdanswers
21-07-2010, 16:45 PM
and following on from that what does your lease say about your insurance obligations. Look for tenants covenants and the demise describing the flat ie flat 1 including the windows doors etc.

I am bit concerned that this might require you to insure some elements
or might be sloppy drafting as the "contingent" clause might simply be copied or inserted as a catch all rather than a serious effort.

many leases from the 1960s used to have the flat insuring the flat including externall walls, ground floor the foundations and drains, top floor the roof and the landlord the common areas.

Mags25
22-07-2010, 13:34 PM
Jeffrey, leaseholdanswers and Gordon999, thank you all very much for your advice posts.

Can you please let me know which department within the council act as the enforcement authority for landlords. (should I need to contact them, please see below)

The problem I have had trying to extract a copy of the block insurance policy seem to have been resolved, as I have received an e-mail correspondence from the freehold companies management company today who say they are sending me a copy of the block insurance policy. Without your good advice I do not believe the copy policy would have been forthcoming. I will let you all know if it arrives.

leaseholdanswers
22-07-2010, 17:59 PM
Thank you for the acknowledgement! Oh and they havent charged you either it seems. Why it is not scanned in as pdf so they can charge you and send it instantly amazes me.

I have dealt with four councils and while it normally falls under housing, how they organise themselves, let alone the names housing and allied vegetarian synergy services, varies, epecially if they have an ALMO.

Make a cup of tea call them and ask for the corporate or complaints team, and ask for their help explaining that you are a private ( not a council) leaseholder seeing enforcement on xx and yy, which department deals with that.

Good luck.

Mags25
23-07-2010, 09:26 AM
I am so grateful for your help. I did have a feeling the whole situation re the copy policy was not about money because of the way the three entities involved carried on. I will let you and Jeffrey and Gordon999 know if the copy policy arrives in this mornings post.

What does ALMO mean.

jeffrey
23-07-2010, 09:30 AM
What, you still receive post in the mornings? Luxury!

leaseholdanswers
23-07-2010, 10:09 AM
Some councils manage their housing stock under an Arms Length Management Organisation.

This means that the "compliance section" may be still in leasehold services, or it might still be part of the accounting and corporate function, it varies how each do it and name it.

jeffrey
23-07-2010, 10:10 AM
Even so, Local Authority lessors have the same obligations (in favour of their lessees) as does any other freehold reversioner.

leaseholdanswers
23-07-2010, 10:11 AM
All these emails on online stuff, and yet the post gets later and later!

Our cheque to the Post Office to get the before 9am delivery was returned by the post office "return to sender address unknown"

We got the point!

leaseholdanswers
23-07-2010, 10:21 AM
Even so, Local Authority lessors have the same obligations (in favour of their lessees) as does any other freehold reversioner.

Agreed , what I was explaining that the right dept is hard to find, made harder when the local authority has split their functions increasing the odds of going around the houses till they get the right dept.

jeffrey
23-07-2010, 10:48 AM
Agreed , what I was explaining that the right dept is hard to find, made harder when the local authority has split their functions increasing the odds of going around the houses till they get the right dept.
'Going around' not only the houses but also the flats.

leaseholdanswers
23-07-2010, 12:09 PM
round the flats ...... BOO HISS get him off!:p

Mags25
23-07-2010, 13:07 PM
Thank you very much for all your advice leaseholdanswers, and Jeffrey and Gordon999. I am also grateful to leaseholdanswers for his clarification of what ALMO means, and note your point about the Post Office fiasco re the cheque you sent that was returned to you with the message "return to sender address unknown", I sent a letter attached to important documents via special delivery post, the Post Office track and Trace told me on the phone that it was not on their system, so I asked what could have happened, and was told the letter must not have left the Post Office I had sent the letter from (must have got stuck on a piece of toffee on Post Masters foot) so I went to the Post Office and the lady there gave me the bar code and details to prove my letter had left her post office. The lady at the Post Office also gave me her own home address in case I need to contact her in respect of the matter.

The copy policy has arrived in the post, no charge. When the management company asked me to send them a copy of our original lease dated 23RD December 1981 around seven years ago, I obliged and sent it to the MC the same day, so I was somewhat surprised that my simple request for a copy of the policy got so complicated between the three entities, Anyway all is well that ends well thanks to you three gentlemen.

I bet all the Management Companies who are regulary mentioned in a negitive way on this forum also participate on the forum.

jeffrey
23-07-2010, 15:12 PM
When the management company asked me to send them a copy of our original lease dated 23RD December 1981
But L must itself have been holding the Counterpart of that self-same item, so why did you have to provide a copy at all?

Mags25
23-07-2010, 16:44 PM
It was a long time ago Jeffrey, and back then the MC told me they did not have a copy of the lease, and accepted my offer to send them a copy. I now believe they must have had a copy of the lease but I don't know why they should say they haven't. Especially as the gentleman I spoke with was and is either a secretary or director of both the freehold company and the management company in question.

leaseholdanswers
23-07-2010, 17:51 PM
I had to laugh at that comment about landlords having counterparts. The number of fires floods and misfiled archives I have come accross, or taking on a portfolio and finding an unaccounted garage containing some very soggy leases and occupied by "hedgehogs" looking like they owned it;)

Even large acquisitions with the old agents saying "nah never had a lease for that one".

Mags25
22-02-2011, 15:22 PM
I wish to make a claim against the block buildings insurance policy which is over our block of 4 flats, but I need sight of the policy which has the benefit of legal cover before I can submit my claim, problem is the landlords who are also the policyholders have said they do not want me to have a copy of the policy.

We lessees pay for the block insurance policy, and the certificate of insurance we lessees are provided with by MC actually states a copy of the policy is available on request. I pointed this out to the insurance brokers, and the insurance company of the policy but both will not respond to my question. Can fellow members of LF please advise.

jeffrey
23-02-2011, 14:16 PM
Er, did you not ask this selfsame question earlier?

Mags25
23-02-2011, 18:28 PM
Yes, but the very poor copy policy I received did not state the policy number, or any details of telephone numbers i.e. claims dept, legal advice,complaints,underwriters.

I cannot mention the name of our commercial Landlord company or their insurers.

Mags25
05-03-2011, 23:05 PM
:(I have finally received a copy of the policy wording and policy summery via e-mail from the "Landlord" Companies own ins brokers which arrived incomplete as it did not have the copy of the individual property address certificate attached to the policy to prove the property address of the block of four flats is attached to the block buildings insurance policy. The policy summery also states this document should be attached to the copy policy I received.

On this basis, I sent the ins broker a e-mail requesting they e-mail on to me the relevant information they omitted to send me, but I have not back from them yet. So I contacted the policy insurance company and asked them to confirm if the block buildings insurance policy number is or is not attached to our block of four flats premises address, & I was amazed when they told me I must ask the policyholders insurance brokers to answer that question, so I e-mailed on to the insurance company a copy of the block insurance certificate, perhaps now they will let me know if the block buildings insurance policy is attached to our block of four flats property address.

I know believe there is no buildings insurance attached to our block of four flats and I am worried, very very worried.

Gordon999
06-03-2011, 06:00 AM
The insurance company and insurance broker are regulated by SFC (it should be mentioned on their letter paper ) , so make written complaint and name both companies for refusing to provide the information you are entitle to receive.

Mags25
06-03-2011, 12:14 PM
Thank you Gordon999 The insurance company is also responsible to FSA & HM Treasury. Now the appropriate person in the insurance company has sight of the insurance certificate which states their own companies name and our block buildings property address they may now decided to do the right thing. (well they just might)

leaseholdanswers
06-03-2011, 16:42 PM
Or better still report them to the local authority as previously explained.

Mags25
06-03-2011, 19:03 PM
Why should I leaseholdanswers, when I have left the ball firmly in the insurance companies/policyholders court.

leaseholdanswers
07-03-2011, 12:13 PM
Why should I leaseholdanswers, when I have left the ball firmly in the insurance companies/policyholders court.

Simply as it gets you the information that you need with a suitable penalty for failure.

The broker will need to refer to the proposal form to ensure that your flats are listed or identified( such as a plan), or included in either an insurance valuation or inspection.

If you are holding out for the FSA or for the broker to clarify perhaps what is an error, bearing in mind the records might not be to hand, where you are worrried that you home is not insured, you might feel that the way to get an answer is a little pressure.

I can only suggest options

Mags25
07-03-2011, 12:33 PM
Thank you Leaseholdanswers, I understand what you say, but the insurance company and the insurance brokers have no choice now but to answer my question.

leaseholdanswers
07-03-2011, 14:08 PM
If you are not the policy holder, then actually no their response to you is limited. With an unfirendly landlord they might be instructed as many of the infamous landlords do, instruct them to have no dealings with residents except those that they authorise. They may and I hope for you they do answer.

If you suspect otherwise than I hope I have given you another option to follow.

Mags25
07-03-2011, 14:43 PM
Your reply is interesting but incorrect Leaseholdanswers. I have absolutely no doubt those involved read the posts on LZ. I served Notice on "Landlords" who have 21 days to provide me with the policy information I seek, what they have sent me is incomplete policy information. I am happy to say once again that the ball is firmly in their court and they don't like it.

You see, I have obtained a very comprehensive information booklet which is published by The Office of The Deputy Prime Minister titled "Residential Longleaseholders Guide to your rights and responsibilities" and I would recommend it to any one like myself who does not understand property law concerning longleaseholders rights under current UK Law.

leaseholdanswers
07-03-2011, 16:31 PM
That document is actually out of date and has been superceeded.....current versions are found via lease-advice and ARMA, and as many will recall the ODPM was dissolved some time ago. The code of practice has also been entirely revised since then as have two enactment orders amongst other things.

I must respectfully say that I am quite correct.

I am pleased that you are confident however if the landlord ( and it is they not the brokers or agent) do not reply or provide incomplete information which you have already made as a statutory request, they have failed to discharge their statutiry oblgiation.

While you can refer back to them, and hope or expect that they reply , whether or not by reading the excellent LLZ, having failed to provide the information inside the time limit you can progress straight to enforcement by contacting the local authority.

Even if they were to suddenly provide it thay are still in breach of section 30a, so in asnese the ball is not in their court, thefinal whislte has been blown.

"You get the info they get the kicking!"


Still I wish you all the best in your attempts if I can add anything further please re post.

Mags25
07-03-2011, 18:10 PM
I stand corrected Leaseholdanswers, but it did get me the policy information I wanted sight of anyway, albeit incomplete, & which I only received after I had received a copy of an e-mail the policyholders ins brokers had sent to the Ins Companies Loss Adjuster (yes their Dedicated Loss Adjuster" stating the policyholders did not want anyone other than the policyholders to have a copy of the policy. Note they did not name the policy holders to this Dedicated Loss Adjuster.

As Ins Company is now aware that the ins brokers have now sent me the policy wording/summery of policy I want the Ins Company and the Ins Brokers to tell me if the policy is or is not associated with our block of four flats, as they both know I have the policy wording/summery now I simply want to know why neither one of them will confirm whether or not the policy in question is or is not associated with our block of flats. I have asked the insurance company to let me know if they are legally required to answer this question, but they won't answer the question.

Re Local Authority. I did in fact tell the LL MC some time ago that I had been advised that their LL clients are responsible to our Local Council, and they wrote back saying that this information was incorrect because their clients owned the land which our block of flats stands on.

Mags25
08-03-2011, 15:11 PM
You have helped me enormously Leaseholdanswers, Thank you so much. I have finally managed to track down the enforcement dept of my local authority who will deal with my landlords if my landlords fail to discharge their statutory obligation within 21 days of my Notice.

I note the Leaseholders Rights Bill 2008-2009 when extended would extend the duties on freeholders to include extending the duty on Local Authorities to consult with tenants over property management matters.

Mags25
09-03-2011, 18:50 PM
I have sent my statutory notice via management companies e-mail address FAO freehold landlord company, will my e-mail be legally acceptable in the same way as posting. Please advise.

Gordon999
19-03-2011, 15:48 PM
1. All Notices should be sent by "recorded delivery post" ( giving a record of receipt date ).

Emails do not guarantee receipt as computer may suddenly fail and all info is lost or computer is attacked by virus etc.

2. The L&T Act was enacted before the email system became in common usage and there is no mention that email to deliver statutory notice is acceptable.

Mags25
21-04-2011, 11:02 AM
I have just read your post 52 Gordon999, Many thanks, I will ensure I send future Notices via recorded delivery post in future.