Leasehold Building Insurance - Am I covered In case Another Flat Causes Damage To Mine?

edited 6 December 2022 at 2:37PM in Insurance & life assurance
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edited 6 December 2022 at 2:37PM in Insurance & life assurance
I am hoping someone is qualified enough to answer my question. 

I have summarised the situation below:

1. I am the leaseholder of the ground floor maisonette of a converted house (into 2 flats ground and 1st floor)
2. The freeholder is the person who owns the flat above me and has rented it out to tenants for several years.
3. The flat above me is for sale and was due to be sold but it fell through and has now been unoccupied for over a year.
4. I've looked at the building insurance that has been arranged by the freeholder for both our flats and it says the following:

Unoccupied buildings
You are required to inform us immediately if:
• The private residence is left without a resident; or
• There is a break between tenancy agreements for more than 90 consecutive days in length

Cover and conditions vary dependant on the length of time that your property remains unoccupied. The following assumes that your property is tenantable
and that you are actively seeking tenants. If this is not the case, you must refer your circumstances to us as
additional conditions may apply.
Where your property remains unoccupied for up to 30 consecutive days, full cover will apply with no additional terms.

 Where your property remains unoccupied for between 30 and 90 consecutive days you are required to: 

• Ensure that all security devices are kept in full and effective operation 
• Have weekly internal and external inspections of the buildings carried out 
• Keep written reports of weekly inspections 
• Rectify any defects revealed during weekly inspections 
• Between 1 November and 31 March (both days inclusive) ensure that either:

 i. The water supply be switched off at the mains and the entire water system and central heating system be drained of all water; or 

ii. Where the entire private dwelling has the benefit of a central heating system it is set to operate continuously for 24 hours of each day and the thermostat set at not less than 10 degrees Celsius/50 degrees Fahrenheit. Where fitted the loft hatch door is left open.


a. As I am living in a part of the whole house that is being insured, is the building defined as being 'Occupied' or 'Non-Occupied'?
b. If the answer to question 'a' is on a per flat basis and is deemed 'Non-Occupied' am I still covered for damages to my property if the above stipulations are not complied with?

For example, if the freeholder has not had weekly inspections/reports completed and not adhered to the heating rules and a problem arises (ie. such as a leak caused by a frozen water pipe) which damages my property , is my building insurance claim void? If that is the case, should I try and purchase my own building insurance?


c. Am I covered by the third-party liability amount mentioned in the current freeholder arranged building insurance? Can myself and my leaseholder flat be defined as a third party?


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