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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
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Hi. I own a flat that is in a building owned by a local housing

Customer Question

Hi.
I own a flat that is in a building owned by a local housing association. I rent this property out privately and have a family as current tenants. I pay a service charge which includes building insurance.
Last week there was a fire in the building and all occupants of the flats are in temporary accommodation. It appears it could take 6-9 months to fix up. I do not have any separate landlord insurance.
I do not know where I stand and am being told many things from the housing association. My tenants are currently in a hotel paid for by the association. Initially they said this was permemnant but today my tenants were told they will no longer be hous after 31st Oct.
My tenants do not wish to find another property and want to wait for the flat to be rebuilt.
I did not have contents insurance.
I also don't know if things such as my rent will be reimbursed. My white goods will be covered and if when the property is rebuilt (kitchen etc) how it works.
Any advice greatly appreciated.
Thanks.
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Alex Watts : Hello my name is ***** ***** I will help you with this.
Alex Watts : For now please let me know why you don't have inaurance please?
JACUSTOMER-xl3yc9bt- :

I have buildings insurance through the service charge. I do not have contents insurance as I have no contents of my own in the property.

JACUSTOMER-xl3yc9bt- :

Not sure if I need to wait for a response? Only other way to leave this conversation is to rate it.

Alex Watts :

But what did you not have Landlord insurance?

JACUSTOMER-xl3yc9bt- :

I was not aware it was compulsory. I know my tenants personally so did not feel at risk of them damaging the property or leaving without paying etc.

Alex Watts :

ok - let me give this some thought overnight.

Alex Watts :

I assume the Landlord insurance does not cover alternative accomodation?

JACUSTOMER-xl3yc9bt- :

You mean the building insurance? Thant's what I'm not sure of. Initially they said it would and they are accommodating other occupants who owned one of the flats but now they are saying they won't be.

Alex Watts :

But why did you not have Landlord insurance yourself to protect the tenants?

JACUSTOMER-xl3yc9bt- :

I answered this above. I'm sorry but repeatedly asking me why I didn't have landlords insurance (I have explained why) is not helping or answering my question in the slightest.


JACUSTOMER-xl3yc9bt- :

In terms or protecting the tenants, I believed the building insurance to cover this and the contents insurance was their own responsibility.


Alex Watts :

If you have paid for the insurance through the managing agent you need to check the terms.

Alex Watts :

If it states they will cover re-housing then they have to

Alex Watts :

The only exception is if there is a clause saying they exclude sub tenants.

Alex Watts :

But ask for a copy of the policy and terms.

Alex Watts :

If they refuse or there is no term You need to write and set out your losses and request a payment (for rehousing) within 14 days or say you will go to Court within 14 days. You should make sure you send this signed delivery and keep a copy.

Alex Watts :

If they do not pay you then you can issue proceedings in the County Court. You can either do this online at: www.moneyclaim.gov.uk or by completing form N1 http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n001-eng.pdf and take it to your local County Court.



The Court will then issue a claim which a copy will be sent to the Defendant who will have a limited time to defend it, if not you can enter Judgment and enforce.



If the matter is defended it will be set down for a trial. If the claim is for £10,000 or less it will be a small claim and you will not need representation.



Can I clarify anything for you about this today please?

Alex Watts :

If this answers your question could I invite you rate my answer before you leave today.


If the system won’t let you please click reply.



Please bookmark my profile if you wish for future help: http://www.justanswer.co.uk/law/expert-alexwatts/

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