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Alex J.
Alex J., Solicitor
Category: Law
Satisfied Customers: 3495
Experience:  Solicitors 2 years plus PQE
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I am selling a flat which is part of an enfranchisement. I

Customer Question

I am selling a flat which is part of an enfranchisement. I have provided the Managing Agent of the freehold company with a survey showing the flat's plumbing to be in good order. However he says that because of historic accidents (the last one coming up for three years ago) he will deem the new owner liable for water leaks and not pay the excess for any insurance claim. Is this legal?
Submitted: 2 years ago.
Category: Law
Expert:  Alex J. replied 2 years ago.
Hi,

Thank you for your question and welcome.

My name is AJ and I will assist you.

Is there an insurance claim currently outstanding from the historic damage?

Kind regards

AJ
Customer: replied 2 years ago.

no i have never made any insurance claim and have confirmed with the insurers that they have no issue at all with my flat.

Expert:  Alex J. replied 2 years ago.
Hi,

Thank you.

Is the managing agent saying he will deem the new owner liable for the historic insurance problems?

If you are enfranchising then the new owner will have the freehold and leasehold, therefore will be his own landlord. If that is the case then the new owner is liable for all historic liabilities relating to the property as well.

I look forward to hearing from you.

Kind regards

AJ
Customer: replied 2 years ago.

Thank you


 


no he is saying he will deem the new owner liable for any future water claims, even where a successful claim is made against the insurance they will not pay the excess.

Expert:  Alex J. replied 2 years ago.
Hi,

Thank you.

That seems correct to me, if you and enfranchising and purchasing the freehold then the new owner/freeholder will be liable for the insurance excess.

Once the landlord sells you the freehold they wont be liable for any on going maintenance/costs even if they were the ones that purchased the insurance policy. You would expect this policy to be assigned to the new owner.
If anything I would keep quiet because technically the landlord could ask for an apportionment of the insurance if that has already been paid.
I look forward to hearing from you.

Kind regards

AJ

Customer: replied 2 years ago.

sorry there is a misunderstanding


i have a share of the freehold already and am selling that on with the flat.


 

Expert:  Alex J. replied 2 years ago.
Hi,

Thank you.

Ok I see, my apologies as you said enfranchising I presumed you were in the process.

So the new owner will become the freeholder as well as long leaseholder. The managing agent is saying to you that the new owner will be liable for any insurance excess payments going forward? Is this correct?

Kind regards

AJ
Customer: replied 2 years ago.

exactly thank you

Expert:  Alex J. replied 2 years ago.
Hi,

Thank you.

This is completely correct.

The burden of a property runs with the land. What I would recommend you do is ask for an apportionment from the purchaser in respect of the insurance premium already paid. The purchaser then buys the property with all its liabilities, flaws and benefits.

That is why the phrase "buyer beware" applies. It is up to the buyer ensure they get this information from you before the sale is concluded. If they dont make proper inquiries then it will be their own fault.

Kind regards

AJ

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