My factor is trying to force me into their bulk building insurance policy. I have my own policy which I am happy with can he force me into paying theirs. I live in a tenement building. they cover 5 of the 10 units a the present.
Province/Country relating to question : Glasgow
Thank you for your question.They can only force you into a common policy 1. If the title deeds permit this or 2. If a valid decision to this effect has been taken in accordance with a tenement management scheme under the Tenements (Scotland) Sct 2004. I hope this helps. Please leave a positive response so that I am credited for my time.
What do you mean by no 2.up to now I and several other owners have had their own policy. I have never been asked to be included in a bulk building policy before now
The tenement management scheme provided for in the 2004 Act applies if there is nothing in the title deeds to regulate the management of the tenement. Rule 2 of the scheme provides for decisions to be made by a majority vote of proprietors. One of those decisions can be to have the tenement block insured. So if a majority of flats agree a block policy can be imposed.The tenement management scheme is written out in schedule 1 to the Act and I always encourage tenement owners to read it. The guidance notes can be seen here:http://www.legislation.gov.uk/asp/2004/11/notes/contents
27 years as a practising solicitor.
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