Alex Watts : Hello my name is ***** ***** I will help you with this.
Alex Watts : Can you confirm whether the lease does say they will arrange cover?
Alex Watts : Is your cover different fromthe
Alex Watts : Is your cover different from the one proposed by the freeholder please?
Yes the lease does say that they will arrange the cover.
Our quote was made using the schedule provided by the freeholders insurance company so it is like for like and even includes terrorist cover as there are some parts of one of the buildings which are commercial
Alex Watts : Ok. How many years have you arranged own cover for?
we had been using the same broker for six years, so they know the buildings very well, this is the first year that the new freeholder has arranged the insurance
Alex Watts : Ok. How many years in total for own insurance x6 or more?
Alex Watts : Ok. The landlord has a duty to be cover at the best price. If you have been given a quote from a broker for cover and the landlord is more expensive you don't have to take it.
Alex Watts : The fact is that you have been arranging your own cover which has been acceptable to the landlord.
Alex Watts : Now the landlord does not want you to sue it but wants to in effect hike the price.
Alex Watts : This is not acceptable. You should write to the landlord and set out your position and say unless they accept your insurance you will seek a declaration from court.
Alex Watts : If he refuses then you can issue proceedings, you would need to complete form n208
Alex Watts : http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n208-eng.pdf
Alex Watts : The court will list the matter for hearing and decide whether or not to declare that your insurance can be used.
Alex Watts : Can I clarify anything for you about this today please?