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Remus2004, Barrister
Category: Property Law
Satisfied Customers: 2456
Experience:  Over 5 years in practice.
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Our freeholder has contractually undertaken to ensure that

Customer Question

Our freeholder has contractually undertaken to ensure that for each flat in our block a leaseholder contract will be in place. Duties devolved to the leaseholders include a duty to take out buildings insurance.

The freeholder now says that he is no longer is touch with the other leaseholders ( flats are tenanted/empty) - he has no current contact addresses.

He can prove he made a contract originally with these other tenants.
He cannot prove that they are carrying out their duties, if he cannot even contact him.
Would the duty of insuring the building therefore pass back to the freeholder
Submitted: 3 years ago.
Category: Property Law
Expert:  Nicola-mod replied 3 years ago.

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Customer: replied 3 years ago.

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Expert:  Ash replied 3 years ago.
Hello my name is Alex and I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply, but rest assured I will be giving your question my immediate attention upon return You do not need to wait here as you will get an email when I reply.

Has he fulfilled his contractual obligations?

Customer: replied 3 years ago.

Alex, hello


The freeholder is contractually obliged to ensure that the other tenants have buildings insurance.


But not, as far as I can see, directly obliged to share that info with us, just obliged to make sure that this is done, and available.


But, if he doesn't even have contact details for these other leaseholders, he cannot demonstrate that he has fulfilled these obligations, including having the certs and premium payment confirmations available.



Expert:  Ash replied 3 years ago.
What does the clause say?