One for the legal minds or those who have experience in this matter.
I have been going through a dispute with my landlord over some damages which have been caused to my property as a result of the land it sits on. I have obtained a structural report from a chartered surveyor proving this.
On my lease agreement, it states that the structure of the building is a covenant (responsibility) of the lessor (landlord) to the lessee (leaseholder).
My landlord has asked me to pay the insurance premium/excess for the claim. As the issue has been proven to be structural, shouldn’t the landlord be responsible for all fees involved? In other words shouldn’t the claim be made by them so it is they who are responsible for paying the excess or does that still fall under the responsibility of the leaseholder?
Any guidance on this matter would be greatly appreciated.