Building Insurance share of freehold

enay73

I hope you can help me on this thread.

I have bought years ago a flat in a converted house, and I am also share of freeholder with the owner of the other flat.
Unfortunately the other owner didn't want to contribute to pay the building insurance and for months I paid myself.
Even the insurance company tried to contact the person several times, without success.
I called my mortgage company and I asked if I could pay the insurance just for my flat and I explain to them the situation and they have agreed to insure only mine.
The thing is that the other owner doesn't pay any building insurance and
also he is renting out the property. Can he rents a flat out without any insurance? is he committing any criminal offence?
by law where do I stand? Can I legally force him to insure his flat? Also in some way can I take him in the court and I ask him to pay the insurance and what he owed me and also ask the court to obtain the total control of the building as breaching the freehold agreement?
I forgot also that we do have a leasehold but we share the freeholder 50% each.
Sorry too many qyestions and I do hope you can help me.
Thanks Enay
Its a completely nightmare

Fire_Fox

Does not sound good! You might be able to enforce buildings insurance on the other party via an LVT, read this website inside and out: http://www.lease-advice.org/publications/

G_M

You need to refer to your lease. You each have seperate but identical leases which almost certainly have clauses ensuring that the property is insured in some way. Check the lease and post the relevant wording here.

ps - there is no law requiring a rented property to be insured, though it's pretty stupid not to!

Insuring seperately is better than nothing, but if the property were to burn down, your insurer would presumably only pay half the rebuild cost, expecting the owner of the other flat, or his insurers if he had any, to pay the other half.

enay73

Thank you for answering me.

G M
on the lease it says this:

That the Lessor will at all times during the said term (unless such insurance shall be vitiated by any act or default of the Lessee or the lessee or occupier of any other flat forming part of the said property) insure and keep insure the said property against loss or damage by fire and such other risks (if any) as the Lessor may think fit in an insurance office or with underwriters of reput in the full amount of the cost of rebuilding thereof or such greater sum as the Lessor shall from time to time think fit and whenever required produce to the Lessee the policy or policies of such insurance and the receipt for the last premium for the same and will in the event of the said building being damaged or destroyed by fire or other insured risk as soon as reasonably prcticable lay out the insurance moneys in the repair rebuilding or re-instatement of the said building.


The other owner is quite dodgy person, I cant explain so much on here but believe me, he's trying to rip me off always.
What I was asking also, if there is a chance that I can take over in someway the all freeholder and manage myself as he is a completely bad person.
Any other ideas or help please?
thanks in advance Enay

Doozergirl

I'd speak to the leasehold advisory service (that's the link which Fire Fox gave you) they have a dedicated telephone number for advice which is free.

As an aside, If the flat is mortgaged then it will be a condition of the mortgage that he has insurance. You can check with the land registry on the title register to see who has a charge on the property and maybe inform his lender? See what view they take of it.

magpiecottage

Doozergirl you stole my thunder!

It will cost £3 to download the info from the Land Registry.

It is likely that the lender will insure the property itself and add the premium to the loan (it has a duty to its depositors to protect its security).

I'm afraid you are unlikely to be able to buy out the freehold without buying the other flat, though.

enay73

Doozegirl

thats a very good idea. I thought so but didn't know how could find the mortgage company as we dont speak each other. Believe me this owner deserves a good lessons as did very nasty things to me.
Also this kind of person tried to take control of my life in someway, coming in certain time and noising around. I would love also to know if this person did get a buy to let or personal mortgage. How lovely. So do I need to contact land registry or I can do on line?
Do you think in some way I can take over the other part of the freehold?
thanks in advance

enay73

Magpiecottage

I dont think the mortgage company has included the insurance, as this kind of person called me and asked me to arrange an insurance together and when I told about that I did already have a whole building insurance, this kind of, did not pay any penny to me until I asked my mortgage company the authorisation to insured my flat.
thank you, you are so kind.

enay73

Well I am gutted.
I registered myself to the land registry and unfortunately it doesn't come up anything new that I knew.
It doesnt say which lenders is as it stated None. and the paper is regarding both of us!!!
Any help???? How can I find the mortgage company then?

Fire_Fox

Have you just looked up the freehold or the leasehold of your property on land registry? If the other flat has a mortgage it will probably be on the long lease, not the freehold. You will not be able to take over the freehold, you are stuck with this person in your life. Please read the LEASE website so that you get a much fuller understanding of the rights and responsibilities of share of freehold properties. If there is no mortgage you may need to refer the case to an LVT as explained earlier.

I don't see any purpose to being vindictive, simply deal with getting the property insured correctly. The mortgage company will not include insurance unless they are made aware that the property is uninsured. If you have any further issues with noise it is important that you contact Environmental Health at your local council, and keep a noise diary. If you have any threatening or abusive behaviour from the other tenant it is important you contact the non-emergency number of your local police force. Use the system, do not abuse it.

G_M

It doesnt say which lenders is as it stated None. and the paper is regarding both of us!!!

If it shows both your names you are looking at the FREEHOLD for the building(you share the freehold, yes?).

You need to search on the Land registry site here. Search under the LEASE, not freehold, of the OTHER flat. It will show HIS name only (as he owns the lease for that flat)

Look in the CHARGES register (the last section) for a registered charge. That is the mortgage company.

Now, if he has a mortgage, he almost certainly (99%) has insurance as the lender will insist on it and require a copy of the policy.

In which case he has complied with the lease too.

So you're left insuring your flats separately which is not ideal, but is OK.

If the property burns down, the two insurance companies between them will re-build it.