Firstly apologies for the very long post. I am new to these forums and hope someone can advise on my rights as a leaseholder.
To summarise the background:
We submitted a request for an insurance claim via the managing agent (providing 2 quotes) due to some internal problems to the 2 flats of the property. The insurance company have agreed to pay for the claim. The managing agent has requested the insurance company to pay the builder that they have chosen, however I have requested that the other builder is used and I pay for the difference.
I have requested that firstly the managing company do not pay any money upfront before work is completed and secondly, that I do not wish to use their chosen builder due to personal issues therefore I do not wish for him to be in my property.
I have also contacted the Insurance company directly and they have confirmed they are able to stop the cheque and make the cheque payable to the policy holder i.e. the managing company, however the insurance company needs authorisation from the managing agent as the policy holder, which the managing agent refuses to do by stating
"we have already authorised X builder to do this job. We are the freeholders and the insurance policy holders. We trust X builder will carry out this work to a high standard. This is our final decision."
Please note, the builder the managing agent has chosen is affiliated to the managing company.
I would be grateful if you could advise on:
1. what rights the managing agent/freeholder has to choose a builder for internal /non-structural work, especially as I do not wish for him to enter my property?
2. I pay for 50% of the buildings insurance and the other leaseholder pays the remainder, therefore should it matter that the managing agent is the policy holder? Do I have any rights in this regard?
3. One of the clauses in the lease states: "The tenant hereby covenants with the Lessor and with and for the benefit of the Flat Owners that throughout the term the tenant will repair maintain renew uphold the Demised Premises and all parts thereof including so far as the same form part of or are within the Demised Premises all windows glass and doors locks fastenings and hinges sanitary water gas and electrical apparatus and walls and ceilings drains pipes wires and cables and all fixtures and additions in good and substantial repair and condition save as to damage in respect of which the Lessor is entitled to claim under any policy of insurance maintained by the Lessor in accordance with their covenant in that behalf hereinafter contained except in so far as such policy may have been vitiated by the act or default of the Tenant or any person claiming through the Tenant or his or their servants agents licensees or visitors."
Note the Demised Property includes internal plastered coverings and plasterwork of the walls bounding the Flat....
It appears that the work that is to be carried out to my flat (replastering, painting of walls) is my responsibility therefore I am unsure how the freeholder/managing agent can insist that a builder of their choosing is used when that is against my wishes.
4. Another clause in my Lease states the Landlords responsibility as: "To insure and keep insured the Building (unless such insurance shall be vitiated by any act or default of the Tenant or any person claiming through the Tenant or their servants agents or visitors) against loss or damage by fire explosion storm .........as the Lessor thinks fit in some insurance office or repute inn full value thereof including an amount to cover professional fees and other incidental expenses in connection with the rebuilding and reinstating thereof and to insure the fixtures and fittings plant and machinery of the Lessor against such risks as are usually covered by a Flat Owner's Comprehensive policy and to insure against third party claims made against the Lessor in respect of management of the Building and in the event of the Building or any part of thereof being damaged or destroyed by fire or other insured risks as soon as reasonably practicable to lay out the insurance monies in the repair rebuilding or reinstatement of the premises so damaged or destroyed subject to the Lessor at all times being able to obtain all necessary licenses consents and permissions from all relevant authorities in this respect PROVIDED ALWAYS that if for any reason other than default of the Lessor the obligation on his part hereinbefore contained to rebuild or otherwise make good such destruction or damage as aforesaid becomes impossible of performance the said obligation shall thereupon be deemed to have been discharged and the Lessor shall stand possessed of all monies paid to them under and by virtue of the Policies of Insurance hereinbefore required to be maintained upon trust to pay to the Tenant such proportion (if any) of the said monies as may be agreed in writing between the Lessor and the Tenant or in default of agreement as aforesaid as shall be determined by a valuer appointed by the President for the time being of the Royal Institution of Chartered Surveyors upon the request of the Lessor or the tenant to be fair and reasonable having regard only to the relative values of the respective interests of the Lessors and the tenant in the Demised Premises immediately before the occurrence of the said destruction or damage and it is hereby declared that any such determination as aforesaid shall be deemed to be made by the said valuer as an expert and not as an arbitrator.
My understanding of this is that the Freeholder/managing agent should provide me with the insurance claim money. Is my understanding correct in this respect.
To summarise, I would be grateful if you could advise on what rights I have as the leaseholder to choose my own builder for the work to be done.
To summarise the background:
We submitted a request for an insurance claim via the managing agent (providing 2 quotes) due to some internal problems to the 2 flats of the property. The insurance company have agreed to pay for the claim. The managing agent has requested the insurance company to pay the builder that they have chosen, however I have requested that the other builder is used and I pay for the difference.
I have requested that firstly the managing company do not pay any money upfront before work is completed and secondly, that I do not wish to use their chosen builder due to personal issues therefore I do not wish for him to be in my property.
I have also contacted the Insurance company directly and they have confirmed they are able to stop the cheque and make the cheque payable to the policy holder i.e. the managing company, however the insurance company needs authorisation from the managing agent as the policy holder, which the managing agent refuses to do by stating
"we have already authorised X builder to do this job. We are the freeholders and the insurance policy holders. We trust X builder will carry out this work to a high standard. This is our final decision."
Please note, the builder the managing agent has chosen is affiliated to the managing company.
I would be grateful if you could advise on:
1. what rights the managing agent/freeholder has to choose a builder for internal /non-structural work, especially as I do not wish for him to enter my property?
2. I pay for 50% of the buildings insurance and the other leaseholder pays the remainder, therefore should it matter that the managing agent is the policy holder? Do I have any rights in this regard?
3. One of the clauses in the lease states: "The tenant hereby covenants with the Lessor and with and for the benefit of the Flat Owners that throughout the term the tenant will repair maintain renew uphold the Demised Premises and all parts thereof including so far as the same form part of or are within the Demised Premises all windows glass and doors locks fastenings and hinges sanitary water gas and electrical apparatus and walls and ceilings drains pipes wires and cables and all fixtures and additions in good and substantial repair and condition save as to damage in respect of which the Lessor is entitled to claim under any policy of insurance maintained by the Lessor in accordance with their covenant in that behalf hereinafter contained except in so far as such policy may have been vitiated by the act or default of the Tenant or any person claiming through the Tenant or his or their servants agents licensees or visitors."
Note the Demised Property includes internal plastered coverings and plasterwork of the walls bounding the Flat....
It appears that the work that is to be carried out to my flat (replastering, painting of walls) is my responsibility therefore I am unsure how the freeholder/managing agent can insist that a builder of their choosing is used when that is against my wishes.
4. Another clause in my Lease states the Landlords responsibility as: "To insure and keep insured the Building (unless such insurance shall be vitiated by any act or default of the Tenant or any person claiming through the Tenant or their servants agents or visitors) against loss or damage by fire explosion storm .........as the Lessor thinks fit in some insurance office or repute inn full value thereof including an amount to cover professional fees and other incidental expenses in connection with the rebuilding and reinstating thereof and to insure the fixtures and fittings plant and machinery of the Lessor against such risks as are usually covered by a Flat Owner's Comprehensive policy and to insure against third party claims made against the Lessor in respect of management of the Building and in the event of the Building or any part of thereof being damaged or destroyed by fire or other insured risks as soon as reasonably practicable to lay out the insurance monies in the repair rebuilding or reinstatement of the premises so damaged or destroyed subject to the Lessor at all times being able to obtain all necessary licenses consents and permissions from all relevant authorities in this respect PROVIDED ALWAYS that if for any reason other than default of the Lessor the obligation on his part hereinbefore contained to rebuild or otherwise make good such destruction or damage as aforesaid becomes impossible of performance the said obligation shall thereupon be deemed to have been discharged and the Lessor shall stand possessed of all monies paid to them under and by virtue of the Policies of Insurance hereinbefore required to be maintained upon trust to pay to the Tenant such proportion (if any) of the said monies as may be agreed in writing between the Lessor and the Tenant or in default of agreement as aforesaid as shall be determined by a valuer appointed by the President for the time being of the Royal Institution of Chartered Surveyors upon the request of the Lessor or the tenant to be fair and reasonable having regard only to the relative values of the respective interests of the Lessors and the tenant in the Demised Premises immediately before the occurrence of the said destruction or damage and it is hereby declared that any such determination as aforesaid shall be deemed to be made by the said valuer as an expert and not as an arbitrator.
My understanding of this is that the Freeholder/managing agent should provide me with the insurance claim money. Is my understanding correct in this respect.
To summarise, I would be grateful if you could advise on what rights I have as the leaseholder to choose my own builder for the work to be done.