Q&As

The freeholder of a block of flats is in default of its obligation to insure the building under the terms of the flat leases. One of the tenants proposes to take enforcement action. How can the tenant of a single flat ensure that the building (and consequently the tenant’s flat) is protected in the meantime?

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Published on LexisPSL on 28/06/2019

The following Property Q&A provides comprehensive and up to date legal information covering:

  • The freeholder of a block of flats is in default of its obligation to insure the building under the terms of the flat leases. One of the tenants proposes to take enforcement action. How can the tenant of a single flat ensure that the building (and consequently the tenant’s flat) is protected in the meantime?

The freeholder of a block of flats is in default of its obligation to insure the building under the terms of the flat leases. One of the tenants proposes to take enforcement action. How can the tenant of a single flat ensure that the building (and consequently the tenant’s flat) is protected in the meantime?

In a lease of a flat the landlord generally covenants to insure the whole building of which the flat forms part and recovers the cost of such insurance from the tenants.

Paragraph 5.14.5 of the UK Finance Mortgage Lenders’ Handbook (formerly known as the CML Handbook) requires a mortgage lender’s conveyancer to confirm that responsibility for the insurance, maintenance and repair of the common services is that of:

  1. the landlord

  2. one or more of the tenants in the building of which the property forms part, or

  3. the management company

A tenant of a dwelling has statutory rights

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