Tenant breach of lease and planning law - affect on building insurance

[impish]

Hello

Our leaseholder has undertaken works to their flat without freeholder consent. We have been assured that the work is non-structural although they have changed the layout of the flat. Some of the work requires planning permission. They are definitely in breach of their lease and we are trying to deal with it amicably. However, they are dragging their heels and I am concerned about the building insurance angle. Can failure to obtain planning permission / freeholder consent for relevant works void the building insurance even if a claim is unrelated to those works? (The lease indemnifies us but I doubt our leaseholder has the funds to cover a large claim and in any event, I would prefer to avoid that.)

Thank you

[ram]

Only your insurance company can tell you if they will cease cover
or refuse to pay out on a claim.

Your first point, if you are the freeholder is to write and say that
all work must stop as they do not have the freeholders permission
to alter the layout of the flat.
Iasume you have not seen the drawings / plans for the alterations
( including wireing / water pipes / drainage etc ) and if not , then
the freeholder is entitled to get a surveyor tolook at the plans /
actual flat, and his bill isgiven to the offending leaseholder.

Plans should have been given to the freeholder first.

Freeholders are not surveyors or solicitors, and can range from
unemployed to Doctors, so expert advice is needed on alterations,
drilling outside walls for boilers ( outside walls do not belong to the
leaseholder etc....
You are within your right to state that the alteratons must be
removed and place be put back as per original plans, as no
authorisation hasbeen given, and worst of all, none was asked for.

R.a.M.

[bandontherun]

ask your insurance broker whether your property owners policy includes non invalidation cover.
This covers you if without your knowledge works for example are carried out which are in breach and the effects of which might otherwise affect cover. Not every policy includes this cover but a good landlords' property owners policy will do so.

[leaseholdanswers]

Insurance is at risk of the Insurer having no liability if there is a causal connection between a breach of warranty or a failure to disclose material facts. Non invalidation protects you from that, as far as that policy allows, if you like it's an extra.

The change in layout, and possible change in the inured sum are material facts. Any breach of the building regulations acops etc, failure to certify electrics gas etc can be breach of warranty.

Best to check the policy as suggested and be prepared to have to act swiftly- the loss of building insurance cover should be of great concern to the tenant and his mortgagee.