Doing the deed

I refer to the recent letter from Michael Newbold (see [2002] Gazette, 14 February, 18) arguing that he has yet to come across an insurance policy for a block of flats which is anything other than comprehensive.

I have recently come across two cases in Bournemouth, which have excluded subsidence cover.

If this cover had been removed after our clients had purchased with a lease - which only required insurance against limited risks such as 'fire and such other risks as the lessor shall think fit' - there would be nothing our clients could do to compel the landlord to insure for fully comprehensive risks such as subsidence.Therefore, the lease would fall foul of the provisions of the Council of Mortgage Lender's handbook, and the value of the property would fall considerably.I would agree with Trevor Smith (see [2002] Gazette, 31 January, 18) that it is essential to cover a defective insurance covenant with a deed of variation or contingent buildings insurance policy.

Michele Kennedy, Leightons, Bournemouth