Private prosecution of a freeholder re insurance

[roberto]

I am a leaseholder. The freeholder of the block of flats has refused point blank to provide a copy of the insurance policy for the building. Such a refusal (regardless of whether the property is insured or not) is a criminal offense under Section 30A Landlord and Tenant Act 1985,and section 43 schedule 3(2) and 3(6) of the Landlord and Tenant Act 1987. I am trying to work out what to do about this. It seems that I need to bring a private prosecution in a magistrates court, but I have no clue at all how to go about this. The case/witness statement will be straightforward - a pointer to the statute, evidence of asking, evidence of refusal. Some guidance required from any kind person. Is there any alternative other than private prosecution?

[des8]

Re: Private prosecution of a freeholder re insurance

Make an application for a court order for freeholder to produce said policy.
https://www.justice.gov.uk/courts/pr...l/rules/part23

[roberto]

Re: Private prosecution of a freeholder re insurance

Make an application for a court order for freeholder to produce said policy. https://www.justice.gov.uk/courts/pr...l/rules/part23

Many thanks Des. Failure to provide this information is in fact a criminal offense -- my understanding was that it would be a criminal prosecution that would need to be brought -- either by the local Housing Authority, but that if they failed to act (as they usually do) then it would be a private prosecution (rather than a court order which would carry no sanction). I do want a sanction rather than simply the turning over of paperwork (if such paperwork exists). If simply a court order - I ask for paper - paper does not exist - that ends the case.

[des8]

Re: Private prosecution of a freeholder re insurance

OK , so you're really after the landlord, and not interested in the insurance!
These links might be of help:

http://www.cps.gov.uk/legal/p_to_r/p..._prosecutions/
http://www.mccue-law.com/wp-content/...osecution1.pdf

[Openlaw15]

Re: Private prosecution of a freeholder re insurance

I am a leaseholder. The freeholder of the block of flats has refused point blank to provide a copy of the insurance policy for the building. Such a refusal (regardless of whether the property is insured or not) is a criminal offense under Section 30A Landlord and Tenant Act 1985,and section 43 schedule 3(2) and 3(6) of the Landlord and Tenant Act 1987. I am trying to work out what to do about this. It seems that I need to bring a private prosecution in a magistrates court, but I have no clue at all how to go about this. The case/witness statement will be straightforward - a pointer to the statute, evidence of asking, evidence of refusal. Some guidance required from any kind person. Is there any alternative other than private prosecution?

I believe it is very expensive to privately prosecute someone. You will likely need a lawyer. It is a magistrates (summary) offence potentially. If you are paying a service charge which includes insurance either directly or indirectly and the landlord refuses to provide you a copy of the relevant insurance policy once requested in writing within 21 days, it is potentially a summary criminal offence according to LTA 1985's Schedule. Are you paying a service charge which relates to insurance, if so, have you made a request in writing to this effect? Has 21 days passed? If these criteria are satisfied it may be a magistrate offence. Who told you, and why, it must be a private prosecution?

[Crazy council]

Re: Private prosecution of a freeholder re insurance

hi [MENTION=1826]roberto[/MENTION]

Is the reason you need the policy to claim or check cover.
Is the LL trying to get any money out of you
Is it to do with a roof
Have the management firm acting on the lease changed since you signed

any further info would be helpfull. sueing a LL/agent, over interpritation of lease agreement, would be a money pit, but there are other ways to deal with the agents around these.