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Ask Deborah Awyzio Your Own Question
Deborah Awyzio
Deborah Awyzio, Solicitor
Category: Australia Law
Satisfied Customers: 863
Experience:  Bachelor of Laws (QUT), BIT (QUT), Family Law Accredited Specialist, over 12 years experience
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I have a freehold hotel which I had considerable damage done

Customer Question

I have a freehold hotel which I had considerable damage done in the piney fire in south Australia the tenant who as part of his lease agreement is to supply us as landlords a current certificate of currency with our names also on the said agreement my problem is that as we are not the correspondence with the assors or the insurance company I have no idea what progress is being done and who is doing the quotes on my premises it is obviously very concerning for us can I get some guidance as to how I can get answers from the asessor and or the insurance company thank you Neville clark
Submitted: 8 months ago.
Category: Australia Law
Expert:  Leon replied 8 months ago.

Good Afternoon

My name is ***** ***** I am a NSW Solicitor. Thank you for your question, and will do my best to assist you with your question. Please understand this is not legal advise Please understand this is not legal advice but a guide to assist you.

I am not sure what you are asking?

Do you wish to access information about the claim?

Did the tenants provide you with the Certificate of Currency?

Customer: replied 8 months ago.
No they have not provided me with a certificate of currency which again I must say is a compliant of the lease and my problem as first requested is I am not being informed to the claims by the assors or the insurance reps as I have been excluded as I am not mentioned on the current insurance which is a breach of their lease at the moment I have no say in what is happening to my premises the lessee only has the ability to pursue claims for stock and contents not anything else cheers
Expert:  Leon replied 8 months ago.

Good Afternoon

This is because you are not noted on the policy.

You should use the lease and advise them that you have an interest.

Explain to the insurer that you have a right to know as your interests should have been noted on the policy.

If they refuse then you can take the matter to FOS.

https://www.fos.org.au/