Right of leaseholder to see claims made against buildings insurance

Laura_Donaldson

Do I have the right to see a list of claims made against our Building Insurance Policy and also a list of any payments by the Insurance Company to the Policyholders (ie the freeholders)? Our managing agent says no but I am not so sure. Any advice would be much appreciated.

forgotmyname

No. Its not your policy so personal information to them not you.

If you take them to court you maybe able to get them to divulge that information?

Laura_Donaldson

That's the thing. We, as leaseholders, pay for 66% of the Building Insurance, even though it's in the name of the freeholder. Surely, therefore, we have a right to have sight of this information?

lisyloo

No you don’t.
You are paying charges for a service not buying insurance directly.
The details of the policy are nothing to do with you although the service your paying for is.

eddddy

Under the Landlord and Tenant Act 1985, you have the right to inspect the Freeholders' buildings insurance policy and take copies of it.

However, the legislation does not say that the Freeholder must provide details of past claims.

Here's a relevant extract from the legislation:

Inspection of insurance policy etc.

(1)Where a service charge is payable by the tenant of a dwelling which consists of or includes an amount payable directly or indirectly for insurance, the tenant may by notice in writing require the landlord—

(a)to afford him reasonable facilities for inspecting any relevant policy or associated documents and for taking copies of or extracts from them, or

(b)to take copies of or extracts from any such policy or documents and either send them to him or afford him reasonable facilities for collecting them (as he specifies).

https://www.legislation.gov.uk/ukpga/1985/70/schedule

The legislation also says this (but again, no reference to details of past claims) :

(4)The landlord shall, within the period of twenty-one days beginning with the day on which he receives the notice, comply with it by supplying to the tenant or the secretary of the recognised tenants’ association (as the case may require) such a summary as is mentioned in sub-paragraph (1), which shall include—

(a)the insured amount or amounts under any relevant policy, and

(b)the name of the insurer under any such policy, and

(c)the risks in respect of which the dwelling or (as the case may be) the building containing it is insured under any such policy.

Laura_Donaldson

Thank you eddddy . This is very helpful.

forgotmyname

Thanks eddddy, I assumed it was just the same as a business having to show they have insurance with a name and policy number etc. As section 4 states.

Enough info to make a claim against them. Access to the actual policy wording though, didn't know that.