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Infringement of Lease Query

 
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josswallace



Joined: 20 Sep 2013
Posts: 1

PostPosted: Fri Sep 20, 13 2:45 pm    Post subject: Infringement of Lease Query  Reply with quote    

The bathing water to our 4 flats has in the past been provided from a communal tank in the attic space of the block. Our leases clearly give us right of usage but no right of access and clearly defines the servicing of the supply to be the responsibility of the management company that was set up by the previous land lord to service the common parts, and not the landlords responsibility. In the past , although the tanks were in the attic which was the landlords demise, access was through an un locked trap door and servicing, including the installation of new feeds and returns to the tanks for two of the flats has been provided by the management company.

The landlord has now built a new penthouse flat and access to the tank area is now situated behind the locked front door to the new flat, which is now being offered for sale on a long leaae.

Irrespective of what demise the tanks are now in and what clauses are put into the lease of the penthouse flat, my question is I think relatively straight forward......in the past my lease has provided that any issues regarding servicing of the supply of bathing water to flats was an issue that was resovable between the leaseholder, the mangement company and the landlord..........Does not the insertion of a forth party into this equation infringe the terms of my lease?.

If it does infringe the terms of the lease, what steps can I take to nullify the situation.

sean
Downsizer Moderator


Joined: 28 Oct 2004
Posts: 41902
Location: North Devon
PostPosted: Fri Sep 20, 13 2:49 pm    Post subject: Reply with quote    

Ummm. Welcome aboard and everything but this isn't really a property law forum. You may well get some answers but this probably isn't the right place to be asking that question.
If you want to know about pickled onions or pigs we can probably be more help.
Good luck with sorting it out though.

Nick



Joined: 02 Nov 2004
Posts: 33850
Location: Hereford
PostPosted: Fri Sep 20, 13 2:55 pm    Post subject: Reply with quote    

http://forums.digitalspy.co.uk/showthread.php?p=68753576

dpack



Joined: 02 Jul 2005
Posts: 34181
Location: yes
PostPosted: Fri Sep 20, 13 2:58 pm    Post subject: Reply with quote    

hello ummm

get a property lawyer

when i had a different /similar issue good legal advice sorted it asap

henchard



Joined: 23 Aug 2012
Posts: 232
Location: Carmarthenshire
PostPosted: Fri Sep 20, 13 3:52 pm    Post subject: Reply with quote    

http://www.landlordzone.co.uk/forums/showthread.php?57684-Infringement-of-Lease&p=459197


http://forums.moneysavingexpert.com/showthread.php?p=63195535


and answered here I believe

http://www.landlordzone.co.uk/forums/showthread.php?57044-Lease-Holder-Rights&p=454803&highlight=#post454803


or you could consult a solicitor.

Kariana



Joined: 21 Aug 2013
Posts: 122

PostPosted: Sun Sep 22, 13 8:57 am    Post subject: Reply with quote    

I get the impression that for whatever reason you desperately want to hear that this is an infringement of the lease, however as you have been told it isn't really. You need to check with your landlord/management company that the new tenant for the penthouse has a clause in their contract about access to the tank. I assume their water supply would come off the same tank so it wouldn't be in their interest to deny access for repairs.

If you're really that concerned I would say the internet is not the place to be asking and you should consult a solicitor.

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