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JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 10920
Experience:  30 years as a practising solicitor.
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I have a large public house in the centre of Glasgow. Basically

Resolved Question:

I have a large public house in the centre of Glasgow.
Basically there are 3 closes that comprise our entire building.
So on top of us ther are a number of flats.

I have my own buildings insurance. We are a B listed building and the cover offered by the Factors would not cover a rebuild. Also breweries and banks have often required me to demonstrate that the building is adequately covered.

The Factors are now pursuing me for insurance premiums dating back 2 years.

Do I have to have my buildings insurance with my Factors Policy?
I have paid all other common charges. (repairs/management fees etc)
Submitted: 4 years ago.
Category: Scots Law
Expert:  JGM replied 4 years ago.
Thank you for your question.

It is surprising that the insurance organised by the factors would not cover the reinstatement of the building because the title deeds of a tenement property in Glasgow will undoubtedly provide that insurance is required for reinstatement. You should check the titles but I anticipate that this will be the case.

You don't say as much but I presume that the insurance you have to take out covers reinstatement based on a proper valuation.

If the title deeds say that you have to have the factors insurance then that is the case. However if they are not doing their job correctly you can refuse to pay the premium. There may be an arbitration clause in the title deeds whereby you can try to get this resolved. If not and you are having to pay premiums for an additional policy you can advise the factors that they either have to get their own policy in order or you will be making a claim against them for any additional premiums.

You are bound by the title conditions but only they are observed by the other owners for whom the factors are agents. The titles will provide for an insurance policy for the reinstatement value of the building. You are entitled to insist that this condition is observed. I presume you have evidence of the reinstatement value by way of a building surveyors report.

I hope this helps. Please leave a positive response so that I am credited for my time.
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 10920
Experience: 30 years as a practising solicitor.
JGM and 2 other Scots Law Specialists are ready to help you

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