Unco-operative Lease Holder - Help Please???

MissBrightside79

We own a flat that is under a lease hold by the guy that runs his business in the same building. When we bought the property we agreed that he would have overall buildings insurnace and we would pay him yearly for our cover. Well, now our flat needs repair to the external walls (window and door) he is refusing to co-operate even though we have paid him for 7 years for the buildings insurance. Our property is on the market at the moment and we are in danger of losing potential buyer due to these damages. Is there anything we can do to force him to claim under his insurance?
We have been asking him for over a year to get this sorted and he is evasive and now just nor responding at all.
We need to get these problems fixed or we could lose money!

Any ideas?

Richard_Webster

Insurance only covers damage caused by an insured risk. If the property needs repair simply because of age or gradual deterioration that's not covered by insurance.

When you bought the flat your solicitor should have explained the extent of your and the landlord/freeholder's respective repairing obligations. Not all leases are the same so you would have to look at your lease to see whether the particular part of the building is your responsibility or that of your landlord/freeholder.

If the external walls are his responsibility then you may have to take him to court to get him to do the work. Insurance would only have something to do with it if the damage was caused by a storm, or flooding, or a lorry running into it, or some other insured risk. However you should check your lease because it may be that he can claim some or all of the cost of this back from you. In the end it may be cheaper for you to suggest to him that he lets you do the work. If the cost is only £1,000-£2,000 then it could cost you that to go to court over it.