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Private prosecution of a freeholder re insurance

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  • 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?
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  • #2
    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

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    • #3
      Re: Private prosecution of a freeholder re insurance

      Originally posted by des8 View Post
      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.

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      • #4
        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

        Comment


        • #5
          Re: Private prosecution of a freeholder re insurance

          Originally posted by roberto View Post
          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?

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          • #6
            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.
            crazy council ( as in local council,NELC ) as a member of the public, i don't get mad, i get even

            Comment

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