We pay our freeholder for our buildings insurance, but he won't help us push our claim

We own a ground floor flat in a building - it is leasehold. A company owns the two flats upstairs and the freehold. The terms of our lease state that the freeholder buys the insurance for the building and charges us in turn. Unfortunately our flat is suffering from subsidence - besides the annoyance of this, we have further problems with the insurance (not in our name) and the claim, which is being badly managed by the claims adjuster (ie they are doing little and our subsidence is getting worse).

The freeholder 

(1) won't query the insurers on why our insurance premiums have doubled without any satisfactory handling of our claim

(2) won't act on our behalf with the claims adjusters to pressure them to move things along. We are in direct contact with them, but as far as they're concerned we are just tenants.

What leverage do I have with our 'landlord' to start acting in our interest and help us? I know people will say look at the lease but it just says the freeholder must get builders insurance and we must pay them for it.

Best wishes

JLH

Housing Regulations

You should study Housing Corporation rules for it's a housing regulations body of UK government. Check it's regulating section.

Profile: I am a criminal solicitor with vast experience in almost all kind of criminal cases.

My advice is get legal advice

My advice is get legal advice ASAP, we have a freeholder who has not been keeping insurance premiums up to date and therefore a claim in our buidling is not being processed.   If anyone else has this experience let me know.  We are learning each day that our Freeholder has connections to the company collecting premiums/ground rent, their solicitor AND the insurance brokers who placed our insurance, except the insurance co. couldnt yet confirm the policy IS in place!!!

Profile: personal property owner needing legal advice

Building Insurance

You have to be careful of rules and regulations. Also guide to buildings insurance, covering the structure of your home as well as permanent fixtures and fittings. Find out what your policy should cover.

 


Yeah prima facie it appears

Yeah prima facie it appears the person in question is deprived of it's rights. He should contact some lawyer to get the best advice based upon local laws that secures his legal rights as well.

Profile: I am a criminal solicitor with vast experience in almost all kind of criminal cases.

You should get in touch with

You should get in touch with a lawyer in your area and get some specialist advice on what actions you should take.

I saw such many cases where

I saw such many cases where people who doesn't know about rules and regulations of housing corporation always has to face such type of problems. I would like to suggest to meet up advisor who can give good solution to overcome from the situation.

I do not think you should

I do not think you should rely on the feeholder to assist you even though it is in his interests to get this sorted out.

I believe you are suffering from an insurance company who simply wishes to prolong the claim to avoid paying out.

You do not neeed the freeholder to pursue this claim.

Such policies as these might be taken in the formal name of the freeholder but as you realise they cover all owners who can make claims in their own right.

Be strong. Tell the insurance company that you will issue proceedings  unless there is some fast action.

 

Profile: I joined Sarginsons from university as an articled clerk in 1970. I am now the managing partner and have wide experience in all aspects of the law normally dealt with in private practice. I believe that a modern high street practice must adapt to the hefty demands of clients and deliver it's services according to the clients wishes.

Who's online

There are currently 0 users and 3 guests online.

User login

Navigation

twitter link facebook link
netlawman link