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Ash, Solicitor
Category: Property Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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Question about freeholder insurance in a flat. If I am the

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Question about freeholder insurance in a flat. If I am the freeholder and the flat above me is a leasehold flat paying a peppercorn rent, I am legally obligated in accordance with my lease to insure the whole building, However I believe the leaseholder should contribute toward this insurance, however she advises she has never been asked for this before and doesn't believe that she should contribute at the moment she insures her own flat for buildings insurance but she has asked me for copies of my buildings insurance as her solicitor has advised her that I am liable. My question is although I am liable for the buildings insurance does she have to contribute half ?
Hello my name is ***** ***** I will help you.
What does the lease say between you and the tenant say about who is responsible for the insurance?
Customer: replied 2 years ago.
The lease says ; The tenant hereby covenants with the Landlord and for the benefit of the owners and lessees of from time to time of the other flat comprised in the building that the tenant will at all times hereafter;contribute to and pay a proper portion of the cots expenses and outgoings and matters mentioned in the third schedule/ The third schedule mentions expenses of maintain repairing redecorating and renewing, main structure foundations and roof chiney stacks gutters and rainwater pipes. gas and water pipes and a common pathway.
Nothing about insurance?
Customer: replied 2 years ago.
Sorry it also says, the landlord hereby convenants with the tenant as follows ;- subject to clause 5 2 hereof at all times during the said term to insure and keep insured the building including demised premises and the other flat against loss or damage by fire aircraft explosion storm tempest (so far as insurable) act of war or accident or by any other peril with in the usual comprehensive policy of a reputable insurance office at the full reinstatement value thereof and to note the tenants interest therin and further whenever required to produce to the tenant the policy or policies of such insurance and the receipt of the last premium for the same and will in the event of the building being damaged or destroyed by any insured risk as soon as reasonably pracicable lay out the insurance monies in the repair building or reinstatement of the same.
Ok. It doesn't say the tenant is liable. It says you have to insure and provide the certificate upon demand but it doesn't say the tenant must contribute.
I am sorry if this is not the answer you want and certainly not the one I want to give you. But I have a duty to be honest.
Can I clarify anything for you about this today please?
Ash and other Property Law Specialists are ready to help you
Customer: replied 2 years ago.
no thats great thanks