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Thomas
Thomas, Solicitor
Category: Property Law
Satisfied Customers: 7617
Experience:  UK solicitor holding an England and Wales practising Certificate.
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I live in a leasehold property and we have had a structural

Resolved Question:

Good afternoon,
I live in a leasehold property and we have had a structural issue and the balconies need replacing on the property. Should this be covered by buildings insurance which is paid yearly by the tenants, as this has been added as a maintenance charge.
Thank you for your time
Kind regards
Lorraine Mehigan
Submitted: 1 year ago.
Category: Property Law
Expert:  Thomas replied 1 year ago.

Hi,

What is the cause of the structural issue resulting in the problem please?

Tom

Customer: replied 1 year ago.
The reinforced concrete holding the bacon use some have started to crumble and therefore require replacing for safety reasons. The structural surveyor has recommended they be replaced. The management company have also only received one quote.
Customer: replied 1 year ago.
Holding the balconies
Expert:  Thomas replied 1 year ago.

Hi,

Did the structural surveyor give a reason why they have started to crumble? Is it just wear and tear or was there some "event" (eg. subsisndence, storm, fire etc). .

Customer: replied 1 year ago.
They have stated wear and tear.
Expert:  Thomas replied 1 year ago.

Thanks. Drafting your answer now. 5 mins please.

Expert:  Thomas replied 1 year ago.

Hi

Thanks for your question. I will try to help.

It does not sounds like you are going to be able to make a buildings insurance claim for the balconies.

Typical buildings insurance covers “event risk”, such as storms, fire

, explosion, lightning , earthquake • Subsidence, • Storm and flood • Malicious damage • Theft • Water leaking from tanks or pipes • Falling trees or branches • Television, radio-signal or satellite apparatus breaking or collapsing • Riot • Impact by aircraft, other flying devices, or any vehicle or animal • Oil leaking from heating systems.

Where one of these incidents occurs and causes damage you can make a buildings insurance claim because it is cause by one of these insured risk.

Simple wear and tear over time is not an insured risk. This means that it is likely not covered by the buildings insurance policy and therefore no claim with a prospect of success could be made.

For this reason the repairs would have to be paid for by the leaseholder as part of their service charges, as is normally the case with standard leases.

Therefore it would appear that such costs have corrected been included as part of the service charge.

However, you can pressure them to arrange a further quote for the works if you consider that the first is not competitive..

My goal is to provide you with a good service. If you feel you have received anything less, please reply back. Please remember to leave positive feedback using the stars at the top of the page.

Kind regards,

Tom

Expert:  Thomas replied 1 year ago.

Hi

Is there any further information you require?

I just want to ensure that you are satisfied, so please let me know if you have any further queries on the information I have provided. If you have no further questions then please do leave positive feedback using the stars at the top of the page.

Kind regards,

Tom

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