UK Landlord Forum / Life

I'm hoping for any advice or a steer in the direction of the advice I need.  I own a first floor flat in a converted residential house which is tenanted and has a BTL lease.  The flat comes with share of freehold with the ground floor flat and I had an agreement with the previous owner who took out buildings insurance for the whole building to cover us both with me then deciding not to take landlords insurance for contents and her having her own separate contents insurance. 

A new owner brought the flat about 5 years ago and although we got in contact I neglected things a bit with my wife having twins around this time!  Without us both going through this point she took out a buildings insurance policy just in her ground floor flat and in her name.  Subsequent to this she's made a subsidence claim which has been accepted and is currently being investigated through the insurance company.  Cracks appearing in the building have been gradually getting worse and are being monitored by the assessor who has put the issue down to trees in the nearby road and neighbouring property, progress has been slow and it's unclear what they're proposing, e.g. removal of trees and underpinning.

When I found out I panicked and tried to get buildings insurance which I was obviously unable to do while a claim is live and have only been offered insurance for my own flat which I take to be contents insurance only despite long conversations with various insurance providers trying to convince me otherwise which demonstrates their lack of understanding in this subject. 
       
Obviously, I'm concerned that effectively I own a property with no buildings insurance which has structural issues.  But I don't know where the issue lies or how I can resolve it:

•   The lease – responsibility under the lease of the ground floor flat appears to be anything to do with foundations and ground floor walls ground floor so whether I have insurance or not she would be liable for having insurance and addressing any issues?

•   Insurance – My interpretation would be that she's been mis sold as she can't have buildings insurance for a ground floor flat only?  I don't really want to highlight this as her insurance company has accepted the claim, but would it come down to by default covering the whole building including my flat because the insurance is a buildings insurance policy?  In the worst case scenario and the building collapsed or was deemed unsafe and had to be knocked down would I receive any pay out?

So I'm not sure whether I need a surveyor, solicitor, insurance advisor, all of these, or just to cross my fingers that they'll get the trees removed stop the issue and repair and damage from the existing cracks including those to my flat!

Please help!! And thank you for reading!

Blimey, 5 years is a long time to get over having twins!  I would say sit tight for now. Have you asked to see her policy,  in order to find out if the whole building is covered? 

My first rental was a flat in a block that turned out to be monitored for subsidence. I got the price down as a result, and 6 months later they decided there was no risk. I paid into the block insurance and there were no problems getting that cover.

Friends had problems with tree roots causing damage to an annexe building.  That was sorted with some chemical treatment, though of course all cases are different.

My studios are in a block where originally each owner arranged their own building insurance, so I am guessing she may well have been able to just insure her own place.