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Ash
Ash, Solicitor
Category: Property Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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Situation : I am a landlord of 6 apartments in one property. The tenant (of all 6) i

Resolved Question:

Situation :
I am a landlord of 6 apartments in one property.
The tenant (of all 6) is a large care company who have given notice to vacate at the end of their lease on May 31st 2016.
Insurance - Because of the nature of the tenants business it was not easy to obtain regular landlords building insurance. Therefore, the tenant arranged insurance through their broker and I paid the tenant the fee for the insurance.
Flood - On December 25th the property flooded badly causing the relative destruction of the 3 ground floor flats. The tenant successfully sought and obtained the claim. A cash amount has been paid to the tenant in full and final settlement of the claim.
Question -What are the tenants obligations and what are mine? Is the tenant obliged to give the money to me, or only to re-build the apartments. From June 1st, I will not be receiving any rent but the tenant will have the whole claim settlement in his bank account.
Nothing is yet adversarial, but I'm keen to kn
Submitted: 1 year ago.
Category: Property Law
Expert:  Ash replied 1 year ago.
Hello my name is ***** ***** I will help you with this.What does the lease agreement say regarding this, or was it an informal agreement for them to insure?Alex
Customer: replied 1 year ago.
There was nothing in the lease, only an informal arrangement. They would send me invoices and I would pay the invoices as per the attached. Lease also attached.
Customer: replied 1 year ago.
Lease was too large to send, but it doesn't specifically mention insurance obligations.
Expert:  Ash replied 1 year ago.
Ok - well if the lease does not say that they should pay you then they do not need to. The clause should have been in the lease saying that they have to pay you.But if they have been negligent then whilst you do not have a claim under contract you do have a claim in negligence.You need to write and set out your losses and request a refund 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 refund 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 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
Customer: replied 1 year ago.
No that's fine, thank you. It is not yet adversarial and I'm hoping it won't be. It sounds like a legally messy situation so the best route forward is to find a resolution. The figures are large £130k, so I will try and remain on good terms.
Expert:  Ash replied 1 year ago.
Yes indeed. Good luck. If I could invite you to rate my answer before you go today please, otherwise the site doesnt credit me for the time spent with you. Thanks in advance. Alex
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