What can I do if my landlord fails to insure the building?
You should first check the terms of your lease to establish that it is the landlord who is responsible for...
At the first instance check the lease as it should set out how the terms can be enforced. Usually it is the landlord who has the power to make sure that the lease terms are complied with by leaseholders.
If the lease has such provision, the leaseholder will need to ask the landlord to enforce the terms of the lease against another leaseholder. It is often the case that if the lease term states that the leaseholder can ask the landlord to take action, it will require the leaseholder who makes such request to cover the costs of the landlord for doing so.
Secondly, the lease may allow a leaseholder to take direct action against another leaseholder for breach of the lease. In this case there is no need to ask the landlord to take action for breach of the lease terms as the leaseholder can do so himself. However, this right is available only if the lease has such term.
It is always best to try and solve the matter amicably first and resolve the matter through mediation and leave litigation action as a matter of last resort.
Download a template for a nuisance letter – asking the landlord to take action
More information you might find useful:
- Living in Leasehold Flats
- Find a Civil Mediation provider
- More Frequently Asked Questions on Breach of Lease
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