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  • FIRST POST
    • Rob Saunders
    • By Rob Saunders 14th Jul 17, 12:29 PM
    • 3Posts
    • 0Thanks
    Rob Saunders
    Buildings Insurance for leesehold
    • #1
    • 14th Jul 17, 12:29 PM
    Buildings Insurance for leesehold 14th Jul 17 at 12:29 PM
    Hi There.

    I own my flat as Leasehold and the buildings insurance has always been paid by the upstairs flat which I then contribute towards my half. Recently the upstairs flat changed owners and the new owner is being very slow in sorting out the insurance. I have asked many times for it to be done having run out in March and it is still not in place.

    I was wandering where the responsibility lies if there is damage to the property? I feel in a difficult situation as I can't take out the insurance myself and am reliant on the upstairs who are useless. Any suggestions as to what I can do in this situation?

    Many thanks for your time and help!
    Rob
Page 1
    • Quentin
    • By Quentin 14th Jul 17, 1:40 PM
    • 32,808 Posts
    • 16,839 Thanks
    Quentin
    • #2
    • 14th Jul 17, 1:40 PM
    • #2
    • 14th Jul 17, 1:40 PM
    Contact the freeholder and ask them to sort this - normally they would!
    • Rob Saunders
    • By Rob Saunders 14th Jul 17, 1:57 PM
    • 3 Posts
    • 0 Thanks
    Rob Saunders
    • #3
    • 14th Jul 17, 1:57 PM
    • #3
    • 14th Jul 17, 1:57 PM
    Thats the problem, I think the upstairs are the Freeholder.
    • Quentin
    • By Quentin 14th Jul 17, 2:14 PM
    • 32,808 Posts
    • 16,839 Thanks
    Quentin
    • #4
    • 14th Jul 17, 2:14 PM
    • #4
    • 14th Jul 17, 2:14 PM
    Check the terms of your lease to see who is the freeholder
    • cattie
    • By cattie 14th Jul 17, 2:17 PM
    • 7,734 Posts
    • 5,261 Thanks
    cattie
    • #5
    • 14th Jul 17, 2:17 PM
    • #5
    • 14th Jul 17, 2:17 PM
    Try ringing http://www.lease-advice.org/ for some advice. It's a government funded agency & set up to assist & advise on various matters relating to residential leasehold properties.
    The bigger the bargain, the better I feel.

    I should mention that there's only one of me, don't confuse me with others of the same name.
    • eddddy
    • By eddddy 14th Jul 17, 3:05 PM
    • 5,127 Posts
    • 4,778 Thanks
    eddddy
    • #6
    • 14th Jul 17, 3:05 PM
    • #6
    • 14th Jul 17, 3:05 PM
    Read your lease to see who is responsible for insuring the building - it's usually the freeholder, but not always.

    If the freehold has really been sold to a new owner, the freeholder should have served a notice on you - giving you the right of first refusal.

    In general, you can find out who the freeholder is by downloading the title register from Land Registry (for £3) here: https://eservices.landregistry.gov.uk/wps/portal/Property_Search

    But if the freehold was transferred recently, the title register may not have been updated.

    So, the best bet is to ask the upstairs owner if they are the freeholder - and if they are, remind them about insurance.


    FWIW, if the freeholder is responsible for insurance and hasn't hasn't arranged it - if something happens to the building, the freeholder would be liable for the cost of the damage.
    (But that doesn't help if the building burns to the ground, and the freeholder has no funds to rebuild it.)
    Last edited by eddddy; 14-07-2017 at 3:37 PM.
    • Rob Saunders
    • By Rob Saunders 16th Jul 17, 6:33 PM
    • 3 Posts
    • 0 Thanks
    Rob Saunders
    • #7
    • 16th Jul 17, 6:33 PM
    • #7
    • 16th Jul 17, 6:33 PM
    Awesome!! Thank you all so much for the help! I will check all of those.
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