I am an owner of a flat in a Chapel. i own the top floor flat.There are 5 leaseholders of which I am one and we have an extremely aggressive Freeholder.Within our Lease the Freeholder has to insure the property against flood damage and for surveyors fees.As leaseholders we pay approx£2000 a year for the insurance. We have paid £12,000 to have the roof fixed and are being charged £5000 for costs of a survey.The Freeholder claims monies have been paid out for flood damage. we do not know to whom, or how much or where the money has gone. Can we demand evidence from the insurance Company? I am suspecting fraud has taken place.
Province/Country relating to question : England
contacting the insurace Company direct.
asking Freeholder for evidenceof payment, or forms to filean insurance claim
Do you have a specific question?
can I demand details of insurance payouts from the Freeholder/insurer.? i donpay insurance along with the other leaseholders. The freeholder pays nothing.
The insurer is under no duty to let you have any of the details you have asked for unless your interest is noted on the policy. Your interest should be noted by the landlord but he may not have done that. The landlord is under a duty to provide to you a full set of accounts which you are at liberty to ask to be audited. If he will not disclose the documentation you need and you think the litigation is likely, you can threaten an application to court for pre-action disclosure and an application for the costs of the application for the disclosure. Getting a solicitor to look at this and to make the application for pre-action disclosure should cost between £1000 and £2000 which you should be able to recover if the matter proceeds to court. Hopefully, once he has the solicitors letter, he may become more amenable and cooperative unless of course he has been up to no good.
This really is not a do-it-yourself job.
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PGD Law. 20 years legal profession, 6 as partner in High Street practice
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