Freeholder Failed To Insure In Joint Names

BombayBadBoy

isplumm wrote: »

Hi

No going to comment on the sueing of freeholder ... but you are worrying about the flat going to the freeholder - don't see how that would happen?

But why don't you create a will leaving all your assets to a charity of your choice?

Mark

This is the second interior fire, one of the tenants had a bonfire in the garden the flames where licking the roof and the house nearly caught fire, the first interior fire was about 8 years ago did some damage to my flat and I am still waiting to make an insurance claim for this fire.

About 6 years ago when I was away on holiday his tenants broke in to my flat and trashed it, his strategy seems to be burn or trash your flat then try to get it on the cheep or for nothing, or put his tenants in and refuse to move them until you obtain a court order, or just leave it trashed and empty for years while I’m in a nursing home.

AdrianC

BombayBadBoy wrote: »

The insurance policy in not in joint names it is in the freeholders sole name, so everything has to go thought the freeholder for his approval, I cant claim directly.

Have the insurers approved the claim, or not?
Has a claim even been made?

3 of the newspaper articles that are exhibits, the headlines are:
DRUG DEN SHUT DOWN
GUN RAIDER CLAIMS DRUG DEALER THREAT
£60,000 HEROIN HAUL AT AIRPORT

All these people where living in the freeholders flat.

And all are totally and utterly irrelevant.

BombayBadBoy wrote: »

Half of my flat is a burned out shell, I have stripped out the carpets and wallpaper, I have boarded up the windows but there are several cold draughts coming in and it is very cold, there is a bad leak in the roof coming in through the ceiling caused by the fire, maybe lead flashing melted, I am still living here and I am sleeping in my own bed.

That is not habitable. I'm astonished that you think it is.

If the funds where released tomorrow it would take 4 days to repair

Nope, not even close. I doubt four weeks would be sufficient - unless you're massively exaggerating the damage.

BombayBadBoy

AdrianC wrote: »

Have the insurers approved the claim, or not?
Has a claim even been made?


And all are totally and utterly irrelevant.


That is not habitable. I'm astonished that you think it is.


Nope, not even close. I doubt four weeks would be sufficient - unless you're massively exaggerating the damage.

The insurance claim has been approved, as I have already said several times.

I think that this is relevant, I want to get these issues introduced in to the case ASAP, its my case so I decide, the court have said they would like to see it.

This is the second case, I have two more cases nearly ready to go, all so far are concerning the recent fire and fire hazards caused by the freeholder, I intend to take the wider situation to court as soon as possible.

I’m living here and I have not been offered emergence accommodation by the freeholder or the insurance company.

I have sourced my own builder, repairs are mainly to the front of the house, roof repairs, new windows, area under the windows’ its four days work once the scaffolding is up.

I am looking for constructive advice on how to proceed with the court action, I don’t need to go over all these issues with you AdrianC.

After the judge makes a judgment I will post the entire case on this site, if its not too big.

gary83

BombayBadBoy wrote: »

I am looking for constructive advice on how to proceed with the court action, I don’t need to go over all these issues with you AdrianC.

After the judge makes a judgment I will post the entire case on this site, if its not too big.

you’ve made your mind up & you’re going to continue with your multiple court cases. I’m pretty sceptical as to whether you’ll get compensated for not having contents Insurance, especially claiming £20,000s worth of damaged art.

If I was you I’d make hi-lighting that the property is not habitable & you need alternative accommodation whilst the remedial work is carried out the priority, I’d have been focusing on that & not letting it drag out several months. Let us know how you get on

BombayBadBoy

I have made hi-lightening of the fact that the flat is not habitable.

The insurance company have agreed to pay but the freeholder doesn’t want to repair my damage, or pay me anything from the claim, the insurance is in his sole name, the insurance have recently agreed to take matters in to their own hands and deal with me direct but payments to my builder still need his approval.

And yes I am going to continue with multiple cases, unless you can suggest an alternative.

I have defended and prosecuted about ten cases myself in my life and I have never lost one yet, but one did go on for two years.

When I have used a solicitor in other cases about six in all I have always lost and it has cost me a fortune to loose.

The nine page letter took me five weeks to write and was checked regularly for clarity, punctuation, spelling and grammar by an expert regularly, and that letter is crystal clear. It takes me two mins to write a quick post on here.

kingstreet

Is there a mortgage on the property?*

If there is, inform the lender its security has been negatively affected and the freeholder (and mortgagor) is not using the insurance claim funds to restore the security property to its previous condition.

*If you are not sure, you can download a copy of the Charges Register from the Land Registry for £3.

One gentle point - please try to avoid use of "where" where you actually mean "were."

steampowered

I think you need to stop, think and get a solicitor.

From your post it sounds like you are making a dog's dinner out of these court proceedings.

If the freeholder defends the case you are looking at being ordered to pay the freeholder's legal fees which could easily be tens of thousands of pounds. If you a costs order is made against you that you can't pay, you are opening yourself up to having the flat taken off you.

BombayBadBoy wrote: »

now he is playing avoidance tactics and is claiming to be out of the country till March, I have not got a solicitor and I am taking all the legal action myself, I would describe myself as quite proficient in civil law.

If you are "writing letters to the judge", you are not proficient in civil law. That's not proper litigation procedure.

If you want the judge to do something, you need to make a formal application, pay the appropriate fee and lodge an accompanying witness statement. Furthermore the other side should be provided with a copy of all of this.

Questions.

1. How can I continue the court proceedings in his absence?.

The court proceedings would continue automatically unless they have been stayed.

2. After the claim is found against the freeholder, how do I apply to the court for compensation, I’ve got a rough idea but would appreciate some input.

This is completely the wrong way around. What you are claiming needs to be detailed on your particulars of claim.

3. I’m thinking of trying to claim about £80,000, does that sound about right or too low, or too high?.

I struggle to identify from your post how you have suffered any loss as a result of the freeholder breaching the lease?

In that scenario you wouldn't get any damages but could I suppose seek an order for specific performance that the freeholder amends the insurance policy.

steampowered

BombayBadBoy wrote: »

This is the second case, I have two more cases nearly ready to go, all so far are concerning the recent fire and fire hazards caused by the freeholder, I intend to take the wider situation to court as soon as possible.

Why are you trying to run multiple separate cases?

As well as risking a costs order against you for wasting the court's time by bringing multiple cases rather than one, you are risking the later cases being considered "res judicata". You are likely to find that subsequent claims relating to the same subject matter as your first claim are barred.

BombayBadBoy

kingstreet wrote: »

Is there a mortgage on the property?*

If there is, inform the lender its security has been negatively affected and the freeholder (and mortgagor) is not using the insurance claim funds to restore the security property to its previous condition.

*If you are not sure, you can download a copy of the Charges Register from the Land Registry for £3.

One gentle point - please try to avoid use of "where" where you actually mean "were."

The mortgage is paid off, and I’m always using where by mistake, I am just an ignorant peasant, I already got the details from the land registry, I have also got all the original conversion plans and lease that the building society sent me when the mortgage was paid off.

BombayBadBoy

steampowered wrote: »

Why are you trying to run multiple separate cases?

As well as risking a costs order against you for wasting the court's time by bringing multiple cases rather than one, you are risking the later cases being considered "res judicata". You are likely to find that subsequent claims relating to the same subject matter as your first claim are barred.

So there are people on this site that know what their talking about, are you the only one tho.

So why I am going for three separate cases on the fire issue is because its too much for me to handle all in one case, basically it breaks down in to three separate issues:

1. The failing to insure in joint names.

2. He has cut through the boundary wall and installed a cupboard on my property, under my stairs, this cupboard is a spaghetti junction of fire hazards, gas pipes, gas meter and wires, it clearly shows on the plans that this area belongs to me.

3. He has build a bungalow on my gas pipe, before he built the bungalow he told me to move my gas meter, I said no because assess to this gas meter gave me right of way through the garden to extra parking at the rear of the property, I came home one day to find he had contacted my gas supplier and two men had moved my gas meter, but he had to build on my gas pipe which is against gas regulations, that can be a £30,000 fine, obviously it’s a lot easier to move my gas pipe but I want compensating for loosing my right of way to the parking first.

Can he be ordered to demolish his bungalow?.