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Aston Lawyer
Aston Lawyer, Solicitor
Category: Law
Satisfied Customers: 10412
Experience:  Solicitor LLB (Hons) 23 years of experience in Conveyancing and Property Law
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I ( with business partner )own a leasehold flat situated

Customer Question

I ( with business partner )own a leasehold flat situated amongst 4 rental ones in the same block. The freehold owner has over the last 4 years been deliberately less than forthcoming with a financial issue (solved to my advantage.
The latest problem is buildings insurance. It states in the lease we should have copies of this and items such as repairs etc.
We have not had a copy of the policy in spite of frequent requests. Is there any way of finding out if indeed there is buildings insurance because without it there could be problems.
Submitted: 11 months ago.
Category: Law
Customer: replied 11 months ago.
It is a long lease.
Expert:  Aston Lawyer replied 11 months ago.

Hi, thanks for your enquiry. Under the Schedule to the Landlord and Tenant Act 1985 an individual leaseholder or the secretary of a recognised tenants’ association can ask the landlord for a written summary of the policy or an opportunity to inspect and take copies of the policy. The request must be made in writing and the landlord must comply within 21 days. Your landlord can only be required to provide the summary once in each insurance period (usually a year). The summary should contain the sum for which the property is insured, the name of the insurer and the risks covered in the policy. Where a landlord fails without reasonable excuse to comply with either a request for insurance details or to inspect or have copies of the relevant policy or associated documents, they commit a summary offence and are liable for a fine of up to £2,500 (level 4 on the standard scale) on conviction. The local housing authority, usually through the Tenancy Relations Officer, has the power to bring proceedings, or they can be brought by the leaseholder privately. Any prosecution must be presented to a magistrate within 6 months of the commission of the offence. I therefore suggest that you write to the Freeholder and mention this fact to the Freeholder! I hope this assists and answers your enquiry. If so, please don't forget to rate my answer. Kind Regards Al

Aston Lawyer, Solicitor
Category: Law
Satisfied Customers: 10412
Experience: Solicitor LLB (Hons) 23 years of experience in Conveyancing and Property Law
Aston Lawyer and other Law Specialists are ready to help you
Customer: replied 11 months ago.
Apart from the facts in your answer is for example a way in which my contents insurance company could check if there is a policy which is in existence?
Expert:  Aston Lawyer replied 11 months ago.

Hi, I'm afraid there is no way that you personally can find out if there is indeed any Buildings Insurance in place- all details are confidential and there is no right for a third party to seek such information. Kind Regards Al

Customer: replied 11 months ago.
Again many thanks, How much extra might it cost for a supplementary question concerning this issue?
Kind Regards,
***** *****e
Expert:  Aston Lawyer replied 11 months ago.

Hi Roger, provided it doesn't involve a lot of work, happy to answer it within this question. I will await your reply. Kind Regards Al

Customer: replied 11 months ago.
In regard to writing to the freehold owner does it need snail mail can e mail and text be acceptable. If no reply can I still proceed.
Cheers,
***** *****e
Expert:  Aston Lawyer replied 11 months ago.

Hi Roger, I'm afraid you would need to post it and you are best to keep evidence of posting, to avoid the Freeholder later saying he never received the correspondence. Kind Regards Al

Customer: replied 11 months ago.
My final thanks
***** *****e
Expert:  Aston Lawyer replied 11 months ago.

Thanks Roger. All the best Al

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