Legal redress for withilding insurance details?

[PdV]

Hello,

I have a flat on a long lease, and have been having problems with my landlord regarding the insurance policy.

In all the time that he has been my landlord (about 13 years) we have been continually over-charged for insurance and ground rent (but that's another story!) and bad feeling has developed between us to say the least.

We have decided to sell the flat and the purchaser's solicitors are insisting (probably at the lender's request) for proof that the building is adequately insured. The landlord has provided a copy of a policy document, but unfortuantely it is not the schedule that they are asking for, and is also for a previous year, not the current one!

My solicitor appears to be unclear as to whether or not we have any recourse in law to force the landlord to give us this information (I won't say anything further about our solicitor:( ), but I'm sure that I've read somewhere that landlords are legally obliged to provide such information within 21 days of receiveing a written request. I just don't know what options we have once these 21 days have expired.

Can anyone give me some pointers please?

Many thanks,
Paul.

[Poppy]

(This is the perfect question for the Long Leasehold Questions forum.)

Where a landlord fails without reasonable excuse to comply with a request to inspect supporting documents they commit a summary offence on conviction and are liable for a fine.

If you wish to force the landlord to perform their obligations under the lease you will need to take legal action.

You can probably kiss this particular buyer goodbye.

On the other hand, if your landlord wants to miraculously fall into line, all he has to do is buy insurance today!

I hope you don't find yourself with a legal battle on your hands...

[PdV]

Thanks Poppy,

I believe that the landlord does have the necessary insurance, but won't let us have the details merely out of spite. He seems to have taken the attitude that he is doing us a favour by insuring the building without us paying him first, and has actually asked us to pay interest because we have not yet paid him.

I have tried to reason with him that we are unwilling to pay for something that we have no proof actually exists, and that the proof we need is the policy schedule, but I guess that some people simply can't (or won't) be reasoned with. I have already told him over the phone that if he will send us the schedule then we will pay him by return, but he just ended up ranting down the phone at me, yelling about hassle, doing us favours and charging us interest, etc...

Hopefully the buyers will hang on (they have for 8 months so far!), but I guess only time will tell.

Time to get back to my solicitor :rolleyes: to stop being nice about this, and finally get tough with this pillock of a landlord.

Regards,
Paul.

[Poppy]

If you need to take legal action against the landlord, may I suggest that you find a solicitor conversant with landlord and tenant matters.

I recommend that you take a look at the Leasehold Advisory Service (http://www.lease-advice.org) website.

[specialist]

Why not just take out a policy for the WHOLE building, speak to your neighbours too and explain the situation. you do need a good broker to do this try specialist@deliteinsurance.co.uk
It sounds like the landlord is playing tricks and all the flats are uninsured !!! which means all of you have the same problem with your lenders too . PLEASE do not fall into the trap of insuring each flat seperatly through the bank

So get the flat sold and go after him later
Good luck



Hello,

I have a flat on a long lease, and have been having problems with my landlord regarding the insurance policy.

In all the time that he has been my landlord (about 13 years) we have been continually over-charged for insurance and ground rent (but that's another story!) and bad feeling has developed between us to say the least.

We have decided to sell the flat and the purchaser's solicitors are insisting (probably at the lender's request) for proof that the building is adequately insured. The landlord has provided a copy of a policy document, but unfortuantely it is not the schedule that they are asking for, and is also for a previous year, not the current one!

My solicitor appears to be unclear as to whether or not we have any recourse in law to force the landlord to give us this information (I won't say anything further about our solicitor:( ), but I'm sure that I've read somewhere that landlords are legally obliged to provide such information within 21 days of receiveing a written request. I just don't know what options we have once these 21 days have expired.

Can anyone give me some pointers please?

Many thanks,
Paul.

[jeffrey]

Can't you just contact insurance company and get it direct?

[tenant29]

PdV,

The following extract was copied from www.communities.gov.uk which provides information on the Commonhold & Leasehold Reform Act 2002

1. A summary of your rights and responsibilties


Can I ask for a summary of the insurance cover?
Where a service charge is payable which consists of or includes an amount payable directly or indirectly for insurance, you (or the secretary of the RTA on your behalf if you belong to one) have the right to ask the landlord in writing, for a written summary of the current insurance cover. The landlord only has to supply this once in an insurance period. Your landlord has 21 days from receiving the notice in which to provide the summary. This should include:

the sum or sums for which the property is insured;
the name of the insurer;
the risks covered in the policy.
Your landlord may, alternatively, provide you with a copy of every relevant policy.

Can I inspect the insurance policy?
Where a service charge is payable which includes an amount payable directly or indirectly for insurance, you may serve a notice in writing on the landlord to allow you reasonable facilities for inspecting any relevant policy or associated documents, and for taking extracts from them. Alternatively, your notice can require the landlord to take copies or extracts from the relevant policy or documents, and either send them to you or allow you reasonable facilities for collecting them (as he specifies). If you are represented by a RTA and you consent, the secretary of the RTA may serve the notice instead.

Where the notice requires the landlord to allow you reasonable facilities for inspecting the policy or associated documents, he shall do so free of charge, although he may treat as part of his costs of management any costs incurred by him doing so. He may also make a reasonable charge for doing anything else in compliance with a requirement imposed by your notice.

Your landlord has 21 days from the date of receiving the notice to comply with the notice. If the landlord fails to comply with any of the duties required of them as described above without a reasonable excuse, they commit a criminal offence and are liable on conviction of a level 4 fine on the standard scale (up to £2,500).

If you pay a service charge which includes an amount payable directly or indirectly for insurance and the insurance policy itself has a time limit for claims, you may write to the insurance company within the specified period to notify them of damage for which a possible claim may be made.

- Hope this helps you. Ask your solicitor to write a letter and post to the freeholder by "recorded delivery". If the freeholder fails to comply with 21 days , then you should report the criminal offence at the local Magistrates Court.

[PdV]

@Poppy: thanks Poppy, I'll get onto this asap.

@specialist and @jeffrey: It's my understanding (and I may well be wrong here) that having two insurance policies on the same building can cause problems - particularly when it comes to claims! In any case, it's our purchasers who are wanting sight of the insurance polcy schedule, and, quite understandably, they are expecting the landlord to have already had this in place. Also, we are a residential flat over a commercial premises (so the insurance is HUGE!) and it's only us and the cafe in the bulding - I have noone else to turn to.

@tenant29: thanks for the fulsome quote. From what you've posted, it would seem that I am not able to request a copy of the policy schedule itself, but merely a summary of the cover that is in place - is my understanding of this correct?

Concerning the part about making claims - this is completely and utterly useless as a piece of legislation: I had reason to make a claim last year, and the insurance company refused to deal with my claim - or me for that matter - unless they received written instructions from the policyholder! How crap is that?:mad: So, faced with this pillock of a landlord, I had to go cap in hand to (almost) beg for his help in putting the claim through! To make matters worse, the insurance company paid the claim to the landlord, who then promptly took more than half of it as 'back charges' (another long story)! Makes my blood boil to think of it, even now.

I just want to get the place sold, and may well just pay the landlord what he wants just so I can move forward with this. Ho-hum...

Cheers,
Paul

[tenant29]

I have pointed to the section of law to help you obtain a summary of the insured cover within 21 days - and enable your sale to proceed.

You also have the right by written request an appointment to inspect the original insurance policy and any other service charge receipts, and take a copy of any pages on payment of a reasonable charge. But if you are serious about selling , you don't want this hassle.

As a rule, claims can only be made by the "named insured party" unless the policy document also states "the interests of the lessees and mortgage lenders are automatically noted" or similar wording.