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Ash
Ash, Solicitor
Category: Property Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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We have a Deed of Covenant insurance on a block

Resolved Question:

We have a Deed of Covenant for buildings insurance on a block of 4 flats which states that all 4 flat owners are responsible for their share of the buildings insurance. One flat owner has refused to pay for the last 6 years, she paid the first year she moved in, but has refused to pay ever since, so the other 3 flat owners have to split the cost between them to get the building covered. The owner who is refusing to pay says she has her own buildings insurance but won't show any of the other flat owners proof that she has adequate cover in the even of fire, weather damage, leaks etc. Can we take her to SCC to recover her 1/4 of the buildings insurance for the last 6 years?
Submitted: 2 years ago.
Category: Property 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 how much is outstanding?

Customer:

£872.58

Alex Watts :

You need to write and set out your losses and request a payment 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.



If they do not refun 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.pdfand 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 claim is for £10,000 or less it will be a small claim so you will not need legal representation. Over this value you would need representation for trial.



Can I clarify anything for you about this today please?

Alex Watts :

So yes, you can issue small claims proceedings.

Customer:

The question really is, is she legally obliged to pay her part of the 4 flats building insurance or can she sort her own out herself?

Customer:

Are you still there?

Customer:

I don't think you've answered the question I asking!

Customer:

I've already done all of the above apart from send the papers off to SCC which is why Im asking for this legal advice

Alex Watts : Yes she is obliged to.
Alex Watts : Its a covenant so legal obligation
Alex Watts : the covenant is part of the contract and can be enforced
Alex Watts : So yes she has to
Customer:

Alex, I have already done all of the above, I just haven't sent it to SCC yet because i wanted advice whether she legally had to pay or not?

Alex Watts : Yes she legally has to pay
Alex Watts : Its a convent and therefore an obligation on her part
Alex Watts : Does that clarify?
Customer:

We don't have proof that she has signed anything though, the previous owner can't find a copy, does that matter?

Alex Watts : if you have the deed that is enough. When the conveyance is done all rights and obligations pass to the new owner
Customer:

Can she get her own cover? does she has to show us proof?

Alex Watts : No. the covenant is clear
Customer:

So if we take her to SCC are you confident we will be awarded our claim?

Alex Watts : Yes I think on balance you will win.
Customer:

Thats great, thanks for your help.

Alex Watts : Happy to help. IF I could ask you to rate my answer before you go today, the button should be at the bottom of the screen
Alex Watts : If you need more help please click reply
Ash, Solicitor
Category: Property Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
Ash and other Property Law Specialists are ready to help you
Customer: replied 2 years ago.

Hi Alex


 


We sent the relevant information to the SCC and we have had a response from our neighbour. Is there a way I can attached a copy of the letter (rather than having to type it all out) to sent to you so you can advise us.


 


Thanks

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