Harringay, Haringey - So Good they Spelt it Twice!
Legal advice re: excessive freeholder insurance charges
Hi.
I've written on here before about my problems trying to fight my freeholder's agents in their attempts to charge me and my fellow leaseholder neighbours outrageous buildings insurance premiums.
I'm now at the point where I need to pay for specialist legal advice - or concede and pay (for another year!) a charge that I believe to be about 250% over the odds.
So... can anyone recommend a legal expert in this field to speak to for a couple of hours. I'd like to be able to assess the law and governance around these types of situations, and to understand my rights and my options.
Any recommendations gratefully received.
Thanks,
Rich
NB. I've previously posed as the freeholder - using the existing policy detail as reference - to source alternative quotes. These quotes came in at approximately 40% of the existing policy premium. When I quizzed my freeholder's agent and insurance broker about this, they replied with suggestions the comparable quotes weren't suitable for minuscule/ridiculous/incomprehensible reasons, and cited all kinds of legal texts and subclauses in my lease (many of which were referenced incorrectly and therefore impossible to follow) in 'backing up their argument'. I believe this was all intended to baffle me into submission, rather than based on logic or legal facts. It just about worked!
I'm no legal expert and can't spare the time required to read up enough to be able to challenge them. The b*ggers!
Tags for Forum Posts: buildings insurance, first tier tribunal, freeholder, insurance, leaseholder, legal advice, managing agent
Replies to This Discussion
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Permalink Reply by Harringay 4eva on
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This sounds like the sort of question that people ask on LBC's legal hour. Unfortunately it's just finished but maybe call in when it's on next week.
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Permalink Reply by Rich H on
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Thanks - might be a dull hour for everyone else but I may give it a go!
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Have you tried Citizens Advice? They were a big help to me not too long ago. My issue was nothing like yours but they do have all sorts on their books, someone, surely could give some advice. Worth a try!
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Thanks Sharon.
I've had a couple of gos with LAS. They come up with good information but I wouldn't class it as advice as such. Came out of it feeling more clued up about processes - but no clearer as to whether someone in my situation should pursue them or not!
R
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I use to be the freeholder of my property and always consulted with the others living in the property about building insurance, sometimes it is difficult to get insurance for a multi occupant building but we have never paid more the £300.00 each for a year and there are three flats in our building. Have you tried getting prices yourselves and presenting them to the agents? Sounds to me like they are scammers!!
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Tried that a initially Heather - but was told policies weren't suitable/equivalent. Which may have been the case.
So this time around I used details of our exact policy (which I don't think is an off-the-shelf number) to pose as the freeholder and request quotes from specific brokers. They came back with far cheaper options, so I forwarded them to the freeholder's agents. The response was very lengthy, very complicated, cited all sorts of texts and subclauses, and - from what I could make out - was BS.
I'm with you on thinking they're scammers. It just seems like an area of law with loads of grey area, loads of loopholes, and very little governance. I reckon they're choosing (or creating) an expensive policy so that they get a 25% (or however much) kickback when taking it out. I've heard that that happens...
R
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Rich, so basically what you are saying is you are getting quotes (possibly cheaper) and presenting them to the agents, but the agents just aren't accepting these?? Surely that's illegal. If I get you the name of the insurance company we use and they insurance us as a house not separate flats you believe the agents would disagree? We have buildings insurance for the house (which is what I believe you are after) and then separate insurance for our own contents!! If you are getting a decent quote and they are saying "no" it has to be illegal!!
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Hi Heather.
They are refusing on the grounds that the quotes I’ve sources ‘aren’t comparable’.
I’d been through this before but put a lot more effort in this time (!) and corresponded directly with brokers based on the details of the existing policy.
surprise surprise, these quotes still aren’t suitable. The freeholder’s agents wrote paragraphs and paragraphs (in semi-legal language) and attached texts from books and cited sunclauses in the contract to help ‘explain’. But I found at least some of their references didn’t marry up. Basically I believe they are trying to confuse me into submission by blinding me with legal jumbo jumbo. As I say, it’s pretty much worked!
But I’m up for one last roll of the dice...
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As I am no longer the freeholder - we are three flats in one house - but we are all freeholders now - if I can be of any further help, please just contact me and as I am retired I can do some chasing up or make calls on your behalf. It all feels really wrong to me. Are others in the household not bothered or are you the only tenant?
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Thanks for the offer Heather. I've probably done more research than I realise on this issue over the years - it just feels like I haven't done much as I haven't truly got anywhere!
I'm looking to pay someone for legal advice as my last throw of the dice. I'm stubborn enough (if not wealthy enough!) to spend a couple of hundred £ just to put this to bed. Having stuff like this hanging over you is draining!
I'll give you a shout if I think of anything you can do to help though.
There are fractures between the three of us leaseholders (particularly between the other two!) and I think they've made small attempts to question the charges over the years but have given up.
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I wouldn't bother with taking legal advice. I would simply challenge the premiums you are paying through the Property Tribunal process. This will give you an actual determination that your Landlords will have to abide by. Your legal advice they can simply ignore.
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