What can I do if my landlord fails to insure the building?
You should firstly check the provisions of your lease to establish what the insurance provisions are. If your landlord fails...
The lease should set out how the covenants can be enforced. It is normally the landlord who has the power to enforce covenants within the lease. This means that a leaseholder will generally need to ask the landlord to enforce the covenants against another leaseholder and where required by the lease indemnify the landlord against the costs involved.
In some leases certain covenants may be mutually enforceable. This means that a leaseholder could take legal action directly against another leaseholder for breach of covenant.
In the first instance it may be advisable to try to resolve the matter amicably perhaps through mediation.
More information you might find useful:
- Leasehold Practitioners (lists of solicitors, surveyors/valuers, and managing agents)
- Living in Leasehold Flats
- Find a Civil Mediation provider
- More Frequently Asked Questions on Breach of Lease
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