Duty of Care - f/h or l/h

[Scudder]

Hi, first post - hope someone can help - sorry for length. I am nervous about posting this because I think the L/H post on this site, so if there is any way I can give more details off forum that would be great because I'm having to talk to the police and environmental services about potential harrassment from my neighbours. I also believe they may be technically in breach of their lease, which I will ask about in the relevant area of the forum. Any relationship has completely broken down and the police have advised that all communications are in writing.

My flat has no lease as I own the freehold. There is one other flat with a long lease. The leaseholders are asking me to make an insurance claim for two issues at the same time - they are being very pushy about it suddenly. It is not an emergency.

Implication in some of the communications is that somehow I caused the damage by neglecting my duties. The occupiers have not until now requested I make a claim or mentioned a claim to me. I have not seen the flat since maintenance works were carried out in 2009 and a surveyor looked over it then and wrote a report about another matter.

However, I have discovered through a bit of investigation that one of the issues happened in late 2007/early 2008 and had nothing to do with my flat or any common part. I was not asked to deal with the problem and my help has not been requested since.

I have tried to get legal advice and also spoken to the Ins. co who have told me several times that they will not advise me until I make the claim and then they will say whether it is valid or not. My legal advice line says that the Ins. company are not being reasonable about this, as they could tell me immediately over the phone. I really don't know what to do. If I make the claim and the company view it as an attempt to make a dodgy claim, (which is what I believe) then that will go on my record as as claim in my name and the premiums may go up.

If I don't make a claim and tell the leaseholder it isn't possible (which is what the insurance company are hinting at because of the passage of time) then can the L/holder sue me for negligence/breach of duty of care? They have already made several attempts to claim that I don't fix common parts, am obstructive, cause mess by the front door etc etc (all not true) - which is why I think this is yet another attempt to cause me problems.

They are claiming (in an email) that I knew about all the damage but don't say why they've taken so long to make a claim. They haven't produced any paperwork or invoices for any trades people.

Any advice very gratefully received.



:confused:

[leaseholdanswers]

Sorry there is so little detail that any comment would be riddled with unhelpful and misleading assumptions.

As landlord you are responsible for the areas set out in your lease, and that leaseholders comply with their covenants. That means inspecting regulary, and if a matter is drawn to your attention, even if " don't worry about it", you must worry about it and act. Your only hope is then to prove that you acted reasonably by letting others deal with issues, or not as it turns out.

Get advice if the cost and or liability is signinficant.

[Scudder]

Hi and thanks for replying. Sorry to not be able to be very detailed - having huge personal problems with LHs. Both issues are arguably the responsibility of the LH as the cause of the damage lies with the LH - eg if a broken window lets in water during prolonged rainfall and causes decorative water damage - the window is the LHs - doesn't that make it the responsiblity of the leaseholder? The FH is not responsible for windows. Then isn't it a bit cheeky that the LH makes an insurance claim because they haven't got round to decorating at the time it happened?

The insurance company have advised I can do the following:
1. Give permission to the LH to make their own claim on my insurance or
2. Get very detailed information from them and give it to the insurance co in writing, asking for recipts/job sheets etc.

Advice from a solicitor dealing with another matter was:
1. Get in a tradesman/surveyor to give a free quote for value of job and to state what exactly is wrong in advance of making a claim. Not sure where this would leave me.....

Advice from Lease
(I kid you not) get the LH to shoot themselves in the foot by putting in writing their claim for what they have spent (which they have exaggerated). They will then be committing a criminal act.

I doubt this last piece of advice very much, especially as the LHs have said that they don't expect to get their expenses back.

[leaseholdanswers]

I often respond in private and who are you going to call the Inurance police, to advise like that. Even if there is a criminal act it is hugely variable as to the priority the police and the CPS will allocate to it.

I am afraid that there are numerous options, however it needs a full knowlege of the facts, and costs, not to mention the accusations, to advise.

[Scudder]

HI, I'll send a PM.

thanks.

[Scudder]

Sorry leaseholdanswers..need to post some more before I can PM. Anyway this afternoon I spoke yet again insurance company who are seemingly baffled by this situation. Customer services consulted their 'technical' department. They are now saying that they don't think the claims will be valid because the buildings insurance will not cover internal damage to the leaseholders flat unless it is structural (eg a part of the roof, chimney, building, bricks etc) needing repair. The damage is internal and decorative.

I'm not sure if they are correct as I personally have made buildings insurance claims for interior damage. Their answer to this was it is because the policy is in my name. I told them the LH pays part of the premium, but they say this is for their contribution towards insurance of the 'building'.