Refusal from Property Manager to Provide Insurance after Roof Leak

Sandyb

Well-Known Member
Hi All,

I’m after some advice, preferably from someone who has first hand experience, but to cut a long story short, my late brothers flat suffered damage resulting from a roof leak. We’re freeholders but pay for buildings insurance as itemised on our annual service charges. The residential property manager is refusing to provide the requested insurance, and refusing to undertake ant repairs as we requested a scope of works to be submitted for our acceptance prior to any repairs being undertaken, which he has failed and refused to provide. I’ve highlighted in writing that he is legally obligated are required to provide this under the landlord and tenant act within 21 days of request and that was before Christmas. I put in a complaint to the IRPM requesting he be ejected from their institute on the grounds of his gross breach of their codes of conduct on many of their codes. This is going through adjudication at present, but only in so far as his membership to the IRPM.

How does one go about enforcing the summary offence he has committed bringing him before a magistrates court. I spoke with a lady at my local police station, but advise it’s a civil matter, yet how does one enforce the law without incurring legal costs by appointing a solicitor? Can you apply direct to the Magistrates court?
 
I think you may stand more chance of getting the correct answer by listing your question on the following forum.


There's alot of property and legal experts on there.
 
…yet how does one enforce the law without incurring legal costs by appointing a solicitor? Can you apply direct to the Magistrates court?

I would imagine you can either apply to take them to small claims court (depending if it meets the criteria), or if the claim is above their remit / amount then court with an actual solicitor.

Aiming to avoid paying any legal fees seems a bit hopeful considering it is a complex legal matter.
 
Is the roof leak new or has it been going on for a while and only just noticed? I had a mate who rented out a house. The leak had been going on so long that wood had already started to rot. The insurance company refused to pay out due to poor maintenance
 
I don't know if the scheme is still operating but some time ago solicitors were offering a 20 minute free consultation where they would advise whether you had a viable case and what you options would be.

This case sounds like it may be rather complicated as the words "late brother" and "flat" are mentioned. I would suggest that the only sensible solution is to seek professional legal advice.
 
Professional advice is required on this. Big differences between Scots and English law. And big differences in the terms of freeholds, leaseholds etc. It will very much depend on the terms written into the freehold / leasehold.

Generally in terms if a flat you own the inside of the property and jointly own the shell of the property with all the other freeholders, and collectively you are all jointly responsible for upkeep. Often though this outside is retained in the ownership of a property management company and everybody pays a fee to this company for ongoing maintenance.

Then the shenanigans can start.

You can put a claim in via what was the small claims court, see Make a court claim for money

But you will need to clearly demonstrate in your application

A) why the Property Company is liable for the claim - ie in the terms of the freehold and agreement with the property company

B) that as the freeholder you have met all your sides if the agreement, in particular paid the fees

C) have an estimate of the costs incureed plus interest so as to support level of the claim.


I would also start with local Citizens advice bureau as they will direct you appropriately as required.
 
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Is the roof leak new or has it been going on for a while and only just noticed? I had a mate who rented out a house. The leak had been going on so long that wood had already started to rot. The insurance company refused to pay out due to poor maintenance
It’s leaked in previous years, hence requesting insurance policy details for exclusions, but also to claim if we don’t get anywhere.. my sister and I can’t believe he’s prepared to breach the Landlord and Tenant Act 21 day period to provide Insurance….

I contacted the PRS today and they couldn’t believe that this London property manager has refused to provide insurance pursuant to the act and numerous requests… In addition to a complaint in December to the Institute of Residential Property Managers request him to be ejected owing to his gross breach of the Codes of Conduct. I can’t believe that so called professionals can behave in such a way…
 
I don't know if the scheme is still operating but some time ago solicitors were offering a 20 minute free consultation where they would advise whether you had a viable case and what you options would be.

This case sounds like it may be rather complicated as the words "late brother" and "flat" are mentioned. I would suggest that the only sensible solution is to seek professional legal advice.
Yes, my brother passed away 6 years ago now, the flat went to his remaining family as was unmarried and had no children… it’s been rented since, paying tax on the income😡. The property manager has only been appointed in the last 12 months… There were no issues with the former property manager, but he went onto retirement. But this guy is completely unprofessional, refusing to not only provide insurance, but is alleging my request for a scope of works or schedule of repair being agreed prior to any works commencing being burdensome. We all know any repairs in London are going to cost ££’s, new timber floor or sanding and resealing, fire door and frame, new ironmongery, re-boarding and redecoration of a mezzanine ceiling… it won’t be cheap.
 
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