Worried Leaseholder - Buildings Insurance

[allisandra]

I'm the leaseholder of a first floor flat in a converted terraced house with a 999 year lease and peppercorn ground rent (which hasn't been demanded since I moved in two years ago). My understanding was that 50% of the freehold would be transferred to me when the ground floor flat was sold, but although the sale has happened the freehold hasn't been transferred. My solicitor assures me that the freeholder is responsible for providing buildings insurance cover, but a service charge has never been demanded and despite requesting a copy of the insurance policy over a month ago there's been no response from the absent Landlord.

Is it possible to check whether an address is covered by a buildings insurance policy in the same way that car insurance can be verified?

If my fellow leaseholder and I take responsibilty for the buildings insurance what sort of policy should I be looking for? Ordinary providers don't seem to understand what's required.

[tenant29]

1. As a leaseholder, you have the right to make a written request to the freehold company for details of the insurance policy and get the details within 30 days. Failure to provide the info within the 30 days, it becomes a criminal offence which can be reported to a Magistrates Court.

2. Since you don't pay any ground rent, I suspect the Freeholder / company ?may be without the manpower to organise the building insurance. It may be better if you were to insure the building yourself with the other leaseholder under joint names ( with the mortgagees company automatically noted ). Claims under the insurance policy may only allow by the policy holder- so better to insure under the leaseholders name instead of landlord's name .

3. You can do a google search for block of flats insurance- I suggest you ask for quote from a couple of brokers say - Residentsline and Stuart Alexander. You will be ask to declared a value for rebuilding your building ( excluding land cost) . The policy should also provide for cover against public liability , employer liability if you employ a cleaning lady for the common areas

4. The registration of the freehold title at Land Registry would be jointly in your name and the other leaseholder . Check if conveyancing solicitor of G/F Flat should have arranged the registration of transfer of freehold. Check at Land Registry name of current freeholder ?

[allisandra]

Thank you for your advice, I've checked with Land Registry and my solicitor is chasing transfer and insurance policy details. I'll get quotes for insurance, at least I'll have some control in the event of a claim. (I've also arranged to have the windows and gutters cleaned, busy week!)

[jeffrey]

Thank you for your advice, I've checked with Land Registry and my solicitor is chasing transfer and insurance policy details. I'll get quotes for insurance, at least I'll have some control in the event of a claim. (I've also arranged to have the windows and gutters cleaned, busy week!)

Re freehold reversion: you mentioned your "understanding" that the f/r would be transferred. Please explain: did L covenant, or at least contractually agree, to transfer it? Simply granting leases to you + other lessee does not create obligation re f/r.

[allisandra]

Hmm, good question - 2 years down the line it seems like no more than wishful thinking. The freeholder hadn't prepared a lease so it was drafted by the solicitor who did my conveyancing. There's a sentence on a letter from her (probably the one confirming completion of the sale and forwarding my copy of the lease) stating the freehold will be transferred jointly to myself and the other leaseholder when the ground floor flat is sold... something like that.

[jeffrey]

Hmm, good question - 2 years down the line it seems like no more than wishful thinking. The freeholder hadn't prepared a lease so it was drafted by the solicitor who did my conveyancing. There's a sentence on a letter from her (probably the one confirming completion of the sale and forwarding my copy of the lease) stating the freehold will be transferred jointly to myself and the other leaseholder when the ground floor flat is sold... something like that.

Too vague to impose binding obligation on L. Does lease contain anything relevant?

[allisandra]

Nope, no wonder it's gone a bit quiet the other end!

[jeffrey]

Nope, no wonder it's gone a bit quiet the other end!

OK- so ask the solicitor why, and on on what legal basis, she said that L would be transferring the f/r into the two lessees' joint names.

[allisandra]

Good point. I seem to have fallen between the cracks - no joint freehold and no evidence of an insurance policy to claim against now there's a hole in the ceiling. What a pickle.