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Oct, 2014

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  1. #1

    Default copy of buildings insurance certificate??

    I am just about to sell my leasehold flat, but the freeholder is refusing to give us a copy of the buildings insurance certificate for the past five years. the freeholder has not sent me a bill for five years. I am happy to pay the money but I want proof of what I am paying for, which seems reasonable and good business to me. the freeholder says I am being unreasonable, but I just want to ensure that the money owned is being spent on what is should have been spent on and not liningtheir pockets. also the cost is approx. £250 a year, for a one bed garden flat, does this seem about right? Any advice would be very much appreicated.

  2. #2

    Default

    the LL can only recover payments going back 18 months. thats 18 months from when he gives you notice in writing that it is due.

    He has 21 days after you advise him in writting that he must produce all documents asked for.

    if he cannot substantiate costs you can chalenge your need to pay them in the tribunal. you will probably win and not have to pay.

    if your lease says he must provide building insurance he must do it otherwise you have grounds for a new manager to be appointed.

  3. #3
    Join Date
    Aug 2005
    Posts
    512

    Default

    Quote Originally Posted by toottoot View Post
    I am just about to sell my leasehold flat, but the freeholder is refusing to give us a copy of the buildings insurance certificate for the past five years. the freeholder has not sent me a bill for five years. I am happy to pay the money but I want proof of what I am paying for, which seems reasonable and good business to me. the freeholder says I am being unreasonable, but I just want to ensure that the money owned is being spent on what is should have been spent on and not liningtheir pockets. also the cost is approx. £250 a year, for a one bed garden flat, does this seem about right? Any advice would be very much appreicated.
    You can serve a written request on the landlord ( use "recorded delivery" as proof of posting ) for copy of the building insurance cover and premium and get this within 21 days. In your written request also ask for summary of the service charge account. If you dont get a reply after 21 days , make a complaint to the Magistrates Court as the landlord has comitted a criminal offence which can incur a fine up to GBP 2500.

    You can also make a request to see the original insurance policy document and get access with 21 days to inspect..

  4. #4

    Default

    Quote Originally Posted by tenant29 View Post
    You can serve a written request on the landlord ( use "recorded delivery" as proof of posting ) for copy of the building insurance cover and premium and get this within 21 days. In your written request also ask for summary of the service charge account. If you dont get a reply after 21 days , make a complaint to the Magistrates Court as the landlord has comitted a criminal offence which can incur a fine up to GBP 2500.

    You can also make a request to see the original insurance policy document and get access with 21 days to inspect..
    I am in a similar position with my landlord. I have not received a copy of the building cover or request for payments. I have not been presented with any policy of sorts at all. All i have received is a hand written demand for an amount based on a quotation, which i never saw. I have not paid anything for about four years - however i have insured the building for my own peace of mind along with contents in a combined policy. I have written to the landlord by 'recorded delivery' for a copy of the insurance cover and premiums and requested it within 21 days in the prescribed format. I do not receive anything. Is making a complaint to a magistrate a straight forward, if not costly procedure? How do i do it? Is there a time limit on making a complaint? Would this constitute a dispute should i wish to sell?

  5. #5
    Join Date
    Aug 2005
    Posts
    512

    Default

    If you want to sell, you will need to produce a copy of the building insurance otherwise the prospective buyer cannot get a mortgage as no lender will offer a loan on uninsured property.

    Just go to the Magistrates Court and speak to the Court Manager of your problem and he will assist you to identify the criminal offence and relevant section of the Landlord & Tenant Act.

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