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Coppen Estates. . . .Sheffield

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A house's tenant (leaseholder) T can use s.164 of the Commonhold and Leasehold Reform Act 2002.

This requires an Annual Notice of Cover to the landlord L. If it's validly served, L cannot charge any fee to T.

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it seems that it can only be 'validly served' within 14 days of taking out cover?

i also just noticed that they only charge me 5£ every six months as opposed to 30£ p.a. is it worth notifying them of this so that when it comes to sell (i want to sell within 6 months) i wont have problems or just leave it?

also where do they get their fee structure from ? i.e 45£ for annual insurance charge. This is not an amount written on the lease?

 

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Yes, you take out cover and then send notification to the landlord within 14 days.

 

Quote

(1)This section applies where a long lease of a house requires the tenant to insure the house with an insurer nominated or approved by the landlord (“the landlord’s insurer”).

 

(2)The tenant is not required to effect the insurance with the landlord’s insurer if—

(a)the house is insured under a policy of insurance issued by an authorised insurer,

(b)the policy covers the interests of both the landlord and the tenant,

(c)the policy covers all the risks which the lease requires be covered by insurance provided by the landlord’s insurer,

(d)the amount of the cover is not less than that which the lease requires to be provided by such insurance, and

(e)the tenant satisfies subsection (3).

 

(3)To satisfy this subsection the tenant—

(a)must have given a notice of cover to the landlord before the end of the period of fourteen days beginning with the relevant date, and

(b)if (after that date) he has been requested to do so by a new landlord, must have given a notice of cover to him within the period of fourteen days beginning with the day on which the request was given.

 

(4)For the purposes of subsection (3)—

(a)if the policy has not been renewed the relevant date is the day on which it took effect and if it has been renewed it is the day from which it was last renewed, and

(b)a person is a new landlord on any day if he acquired the interest of the previous landlord under the lease on a disposal made by him during the period of one month ending with that day.

 

(5)A notice of cover is a notice specifying—

(a)the name of the insurer,

(b)the risks covered by the policy,

(c)the amount and period of the cover, and

(d)such further information as may be prescribed.

 

(6)A notice of cover—

(a)must be in the prescribed form, and

(b)may be sent by post.

 

(7)If a notice of cover is sent by post, it may be addressed to the landlord at the address specified in subsection (8).

 

(8)That address is—

(a)the address last furnished to the tenant as the landlord’s address for service in accordance with section 48 of the 1987 Act (notification of address for service of notices on landlord), or

(b)if no such address has been so furnished, the address last furnished to the tenant as the landlord’s address in accordance with section 47 of the 1987 Act (landlord’s name and address to be contained in demands for rent).

 

(9)But the tenant may not give a notice of cover to the landlord at the address specified in subsection (8) if he has been notified by the landlord of a different address in England and Wales at which he wishes to be given any such notice.

 

(10)In this section—

  • authorised insurer”, in relation to a policy of insurance, means a person who may carry on in the United Kingdom the business of effecting or carrying out contracts of insurance of the sort provided under the policy without contravening the prohibition imposed by section 19 of the Financial Services and Markets Act 2000 (c. 8),

  • house” has the same meaning as for the purposes of Part 1 of the 1967 Act,

  • landlord” and “tenant” have the same meanings as in Chapter 1 of this Part,

  • long lease” has the meaning given by sections 76 and 77 of this Act, and

  • prescribed” means prescribed by regulations made by the appropriate national authority.

 

On 24/02/2020 at 17:48, avromo said:

 

i also just noticed that they only charge me 5£ every six months as opposed to 30£ p.a. is it worth notifying them of this so that when it comes to sell (i want to sell within 6 months) i wont have problems or just leave it?

If you serve the notice correctly you don't have to pay them a penny.

 

On 24/02/2020 at 17:48, avromo said:

also where do they get their fee structure from ? i.e 45£ for annual insurance charge. This is not an amount written on the lease?

 

They charge what they want, there's no obligation to follow any fee structure.

 

Follow the rules and you'll pay them nothing.

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On 24/02/2020 at 17:48, avromo said:

it seems that it can only be 'validly served' within 14 days of taking out cover?

i also just noticed that they only charge me 5£ every six months as opposed to 30£ p.a. is it worth notifying them of this so that when it comes to sell (i want to sell within 6 months) i wont have problems or just leave it?

also where do they get their fee structure from ? i.e 45£ for annual insurance charge. This is not an amount written on the lease?

 

nb. this does not constitute legal advice...but my understanding having gone through the same.

 

To be valid you have to issue it to Coppen within 14 days of insuring, yes. 

 

Worth reading your lease carefully, if the covenant to direct insurance isn't in there, you can tell Coppen where to go

 

 

 

 

Edited by iwbsheff

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On 28/02/2020 at 12:49, iwbsheff said:

Worth reading your lease carefully, if the covenant to direct insurance isn't in there, you can tell Coppen where to go

 

 

 

 

Yes. Coppen does not always read the precise provisions. If the covenant does not restrict the choice of insurer:

a. Coppen can't introduce a restriction or demand a fee; and

b. no s.164 Notice of Cover is needed either.

On 24/02/2020 at 17:48, avromo said:

i also just noticed that they only charge me 5£ every six months as opposed to 30£ p.a. is it worth notifying them of this so that when it comes to sell (i want to sell within 6 months) i wont have problems or just leave it?

 

 

When you refer to £5 per half-year (or £30 per year), are you meaning:

a. ground rent; or

b. insurance consent fee?

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hi, i realise this is a couple of years ago,

just wondering if you managed to buy freehold and if it was an easy process buying from them.

 

been reading about coppen and problems people have had with them

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Well i have a house in Handsworth for 10 years Coppen holds free hold and i have not paid anything  they do not want to know when i try to contact them whats going on with them

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Hi 

We are looking to buy the freehold from Coppen  estates for our property. I’ve contacted them a couple of times enquiring, but I’ve had no response.


I see a few posts on here about Coppen Estates, which suggests the its a long drawn out process with them and they are difficult to work with. 
 

We have 800 year lease from 1932 and I’m  unsure if it’s worth buying rather than apply to make changes to the property. 
 

The problem is getting any of information from Coppen at all Regarding prices etc. 
 

Does anybody have any advice for dealing with them?


Is it worth buying such a long lease? 

 

Thanks in advance 🙂

 

 

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Coppen often does not reply to letters. The only  way to elicit a response is by buying the f/r (freehold reversion) and serving a Notice of Claim [Leasehold Reform Act 1967]. I do not recommend trying this unaided.

 

But it's usually not cost-effective to buy the f/r unless:

a. the lease has an unexpired term of less that 100yrs; or

b. you wish to alter the house AND the lease restricts your freedom to do this (i.e. the purchase of f/r would be better value than paying £££ for a consent fee but remaining a leaseholder).

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Although establishing contact is not easy and very time consuming, so getting consent for changes AND paying a fee might leave a sufficiently bad enough taste that you decide to cut them out of your life and purchase the freehold reversion.

 

 

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Posted (edited)

So do I need to pay the £45 for not using a specific insurer or not? I’m not sure I understand what’s been added below. We have always paid it.

 

Jeffrey thank you for your reply with regards to purchasing the free hold and if it’s worth it. 
 

Part of the problem is not knowing how much it costs to make any changes to the property as making contact with Coppen is so difficult. We are currently wanting to put a single storey extension on and I’ve no idea how much it would cost to get their approval. This is  partly why I’m looking at purchasing the FH. 
 

As Geared says, it such a hassle dealing with them that purchasing the freehold might be the best option. 
 
Im not even aware of what approval is needed for what changes. If we had to go through a long process every time we want to make changes to the property, it would be painful.

 

What would be the penalty for just going ahead and making changes to a leasehold without approval from a freeholder? 

Edited by Gza66

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You don't have to pay them a penny so long as you comply with the relevant legislation, which has already been quoted a few posts up.

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