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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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Good afternoon,I hope you can help with my enquire. By

Resolved Question:

Good afternoon,
I hope you can help with my enquire.
By virtue of the lease agreement between myself and the freeholder the obligation to repair the roof lies with the landlord, I am responsible for a quarter of the cost. Their failure to carry out their obligation resulted in a suit being initiated by me. The landlord in an attempt to frustrate my claim initiated proceedings against me for arrears of rent dating back 12 years. The result of which has generated defence by myself to seek legal advice and representation.
During the year long process of litigation my solicitor asked me to check whether I had legal cover, I called my insurance broker to enquire but was told my policy did not have legal cover.
One week before the court case by chance I discovered that my insurance policy does have legal cover. I was advised to put in a claim, as if it was a new claim.
On the day of the court case the freeholders decide to accept my offer at a fraction of what they were suing for. Of which is to be paid on a monthly basis over a 6 months basis
I have since had my claim for my legal expenses rejected, as apparently I do not have the right cover so they unable to consider my claim under the following categories
Property damage nuisance and trespass
Repossession
Recovery of rent
Accommodation cost
Can you advise me if in your opinion if this is correct?
This is a buy to let property. Does my mortgage company have any obligation under the lease to pick the costs up and pass it on to me within my mortgage.
Also what What are the ramifications for not making my payments on the date of the order as set out?
Submitted: 2 years ago.
Category: Law
Expert:  Nicola-mod replied 2 years ago.
Hello,
I've been working hard to find a Professional to assist you with your question, but sometimes finding the right Professional can take a little longer than expected.
I wonder whether you're ok with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.
Thank you!
Nicola
Customer: replied 2 years ago.
Thank you for getting back to me yes I am happy to wait for any answer to my question
Kind regards
Yvonne
Expert:  Nicola-mod replied 2 years ago.
Hello,
We will continue to look for a Professional to assist you.
Thank you for your patience,
Nicola
Expert:  Ash replied 2 years ago.
Hello my name is ***** ***** I will help you with this.
Do you have the terms and conditions of your legal cover? Does it exclude such claims please?
Alex
Customer: replied 2 years ago.
Hi Alex,
The insurance are saying that it does exclude this claim. Although my policy says it will defend rights up to a maximum of 25k
Expert:  Ash replied 2 years ago.
It does exclude this type of claim though?
Expert:  Ash replied 2 years ago.
However if the Police does exclude such matters then yes you are not covered.
Even if it is a buy to let mortgage the lender does not have a responsibility to pick up the cost sadly.
If you do not make the payments set out in the Order they can enforce it such as getting a charge on your property. They can then seek an Order for sale through the Courts meaning they can sell it to recoup the debt
If for whatever reason you can't afford to make the Court ordered repayments you can go back to Court and ask the Judge to vary the order to make it more affordable.
Can I clarify anything for you about this today please?
Alex
Expert:  Ash replied 2 years ago.
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/
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
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