Strengthening leaseholder protections over fees, charges and services: consultation
Better insurance information: form and timing of information
ii) Form and manner of provision of insurance information to leaseholders
- The 2024 Act allows the Secretary of State and Welsh Ministers to prescribe the form and manner in which information on insurance is provided to leaseholders, for example a set template for landlords to use. We suggest prescribing a template to ensure consistency for leaseholders and help landlords be confident they are complying with the regulations. An example template is provided at Annex E.
- As with other information that leaseholders may request from landlords (see section 2.4), we understand there is a case for landlords to be able to send insurance related documents only by email, as an alternative to post, where it is cost effective, practical and expedient to do so. However, we are aware that sending information by email may give rise to claims that the leaseholder did not receive the information. Given this, we would welcome views on what safeguards or arrangements, if any, should be in place, if landlords were to be able to send such information via email.
iii) Timing of provision of information to leaseholders and landlords
- We want leaseholders to receive information on their building insurance in a timely manner to ensure they understand the cover that has been purchased on their behalf and can challenge any unreasonable costs. We recommend that landlords should provide the specified information within 30 calendar days of the insurance coming into effect and to new leaseholders within 30 days of purchasing the property, if they have not already received the specified information on the insurance contract.
- It is important that the landlord receives the information they need from a third party, for example the insurance broker, in a timely manner in order to comply with these requirements. We do not suggest prescribing how landlords should request information from third parties to avoid unnecessarily limited flexibility for landlords or their agents, and do not consider any exemptions to be appropriate.
iv) Transitional arrangements
- The cost of this measure will affect landlords and managing agents differently, depending on the systems they currently have in place, noting that they should already be passing on much of this information to leaseholders under the FCA rules. The impacts of these new arrangements were not monetised as part of the Impact Assessment of the 2024 Act for this reason.
- We are therefore prepared to allow for a transition period between the making of the statutory instrument and the commencement of the insurance transparency measures. We consider that the transition period should be as short as is feasible and that therefore landlords and managing agents should be allowed 3 months to put all the necessary arrangements in place. However, we welcome views on this.