You are legally entitled to ask your landlord for a written summary of your building’s insurance policy.
You or the secretary of the tenants’ association should make the request in writing and the landlord must send you the summary free of charge within 21 days.
You are also entitled to ask to inspect and take copies of the policy.
The summary should tell you:
Your landlord only has to provide a summary once in each insurance period (usually a year).
More information you might find useful:
Still not found the answer?
Contact LEASE to have your enquiry dealt with by one of our experienced advisers
There is a legal right for leaseholders to request information about the insurance policy from the landlord.
Where a landlord fails without reasonable excuse to comply with either a request for insurance details or to inspect or have copies of the relevant policy or associated documents, they commit a summary offence and are liable for a fine of up to £2,500 (level 4 on the standard scale) on conviction.
The local housing authority, usually through the Tenancy Relations Officer, has the power to bring proceedings, or they can be brought by the leaseholder privately to the Magistrates Court. Any prosecution must be presented to a magistrate within 6 months of the date of the offence.
Please note that local housing authorities have an obligation to provide the information but these are exempt from prosecution.
More information you might find useful:
Still not found the answer?
Contact LEASE to have your enquiry dealt with by one of our experienced advisers
You are entitled to place insurance with your choice of insurer provided notice is given to the landlord and certain requirements relating to the cover are met.
The insurance policy must:
You must serve a prescribed Notice of Cover on your landlord no later than 14 days after having placed the insurance (or within 14 days of any request by the landlord).
The prescribed form and contents of the Notice of Cover in relation to England can be found here.
The prescribed form and contents of the Notice of Cover in relation to Wales can be found here.
More information you might find useful:
Still not found the answer?
Contact LEASE to have your enquiry dealt with by one of our experienced advisers
You should first check the terms of your lease to establish that it is the landlord who is responsible for taking out the building’s insurance.
If the landlord is indeed responsible for doing so and fails to comply with their obligations under the lease to insure the building, you can apply to the County Court for an order for Specific Performance which if granted can force your landlord to comply with their lease obligations.
You may also wish to consider taking over the management of your building through the Right to Manage or applying to the First-tier Tribunal (Property Chamber) for a manager to be appointed.
You may require the services of a solicitor.
More information you might find useful:
Still not found the answer?
Contact LEASE to have your enquiry dealt with by one of our experienced advisers
You should refer to the terms of your lease in order to establish who is responsible for insuring the building, what the cover should include and how the cost can be recovered. Usually the lease provides for the landlord to arrange the insurance of the building (not the contents) and charge the cost as a service charge. The cost of the insurance may be challenged before or verified by the First-tier Tribunal (Property Chamber) as with other service charges.
More information you might find useful:
Still not found the answer?
Contact LEASE to have your enquiry dealt with by one of our experienced advisers
No. Your RTM company has taken over the management functions of the landlord (and any management company that might have been in place). The management functions include the insurance of the building. However the Commonhold and Leasehold Reform Act 2002 specifically provides that the landlord is entitled to arrange additional insurance at their own expense.
You are likely to require the services of a solicitor and a managing agent.
More information you might find useful:
Still not found the answer?
Contact LEASE to have your enquiry dealt with by one of our experienced advisers
As a leaseholder of a house, you will generally be responsible for arranging the buildings insurance. You should, however refer to the terms of your lease.
More information you might find useful:
Still not found the answer?
Contact LEASE to have your enquiry dealt with by one of our experienced advisers
A warranty claim is one made under a 10 year warranty that may be provided by the National House Building Council or a structural insurance policy. These tend to provide cover against actual or imminent damage caused by structural defects or breach of building regulations.
The UK Finance Association requires a 10 year warranty or insurance policy to lend for new build residential homes including flats contained in buildings. Standard new home warranties provide cover for homeowners against actual or imminent damage caused by structural defects or breach of building regulations prior to completion.
More information you might find useful:
Still not found the answer?
Contact LEASE to have your enquiry dealt with by one of our experienced advisers.
Download now
