Alison1. You say More just concerned that other residents might have the same problems. I’m sure your concern is appreciated but my experience with fighting a freeholder over profiteering indicates that you will have to fight your own battles before helping others.2. I agree with Vanessa – The Leasehold Advisory Service (LEASE) is an excellent place to start: http://www.lease-advice.org/020 7832 2500Weekdays 09.00-17.00https://clients.lease-advice.org/Default.aspxinfo@lease-advice.orgFleetbank House, 2-6 Salisbury Square, London, EC4Y 8JX3. LEASE has a link on their website to the “Top Issues at Tribunal”, one of which is Can a leaseholder of a flat challenge the cost of building insurance placed by the landlord? as follows:http://www.lease-advice.org/lvtissues/lvtissue.asp?item=94. You can also search their “Tribunal Decisions” at these links:http://www.lease-advice.org/lvtdecisions/Where it states that: Most disputes that leaseholders and their landlord or management company cannot resolve between themselves can be taken to the First-tier Tribunal (Property Chamber) (“the Tribunal”). The Tribunal can adjudicate on such matters as: insuring the building; how much you have to pay in service charges; & the quality of services providedI think this is the correct search page: http://www.lease-advice.org/lvtdecisions/tables.asp?table=25. I did quite a bit of research on this a few years ago – but fortunately my freeholder backed down before it went to the Leasehold Valuation Tribunal (LVT). The stated increase in my insurance was actually less than yours, in percentage terms, but I was mindful that: a) I was likely to live there for many years, so over time would be massively overpaying; and b) that any future purchaser would be appalled at how much I was having to pay and it might well put them off buying my property. Knowing what I do now, I would hope to never buy another property where the lease terms allow the freeholder to jerk me around.6. Based on my experience / research, I would suggest the following. Even if you decide not to take HH all the way to an LVT, you might also find that they back down if you are thorough:- Insist on an “audit trail” for everything. If you are emailing HH, keep all emails and each time you reply, ensure that all the relevant text is shown in the thread below. If you are corresponding, do everything by recorded delivery at the very least. This will ensure that there is a record of what they have and have not received.At the LVT, the presiding panel will accept this as proof of their having received your correspondence. Ask that they do the same, as freeholders tend to have huge volumes of outgoing post, it’s “easy” for some of it to go missing. If they have internal records showing that correspondence was issued, the LVT will also accept this – unless you have proof that you told them that replies were not received – e.g. by emailing or writing to them with a reminder, also recorded delivery. Sorry to bang on about this but all the LVT decisions are very similar – each party’s word will be accepted unless there is reasonable evidence to the contrary.- LEASE will be able to tell you the law but I know that freeholders are compelled to tell you precisely what insurance cover you are being charged for. A properly worded email or letter to them should make them tell you every item on which cover has been based. This will allow you to get a like-for-like quote from a range of insurance providers.There are 4 issues here – i) if you ask HH the question about cover and they don’t respond properly or in time, the LVT will be more likely to find in your favour but ii) if you don’t take all aspects of the cover into consideration, the LVT will accept that HH has acted “reasonably”. In the case of my freeholder, previous LVTs had proven that they were taking backhanders from the insurance co – which they part-ownediii) I have heard others say that it is a criminal offence for a freeholder not to respond to a request about insurance cover from a leaseholder within a given timescale. LEASE will be able to advise on thisiv) LEASE are, in my opinion, obsessed about the positives of a whole block being insured on a single policy or by a single insurance company. I’m sure this is best practice etc but is no reason why you should be shafted. If an LVT rules in your favour, HH will still use the same insurance company but will have to charge you a proper rate for your cover.Sorry to write so much!Good luckPhil
Phil Kay ● 3973d