Infringement of Lease Query

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Infringement of Lease Query

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josswallace

Joined: 20 Sep 2013
Posts: 1

Posted: Fri Sep 20, 13 2:45 pm Post subject: Infringement of Lease Query

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: 42219
Location: North Devon

Posted: Fri Sep 20, 13 2:49 pm Post subject:
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: 34535
Location: Hereford

Posted: Fri Sep 20, 13 2:55 pm Post subject:
https://forums.digitalspy.co.uk/showthread.php?p=68753576

dpack

Joined: 02 Jul 2005
Posts: 46209
Location: yes

Posted: Fri Sep 20, 13 2:58 pm Post subject:
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

Posted: Fri Sep 20, 13 3:52 pm Post subject:
https://www.landlordzone.co.uk/forums/showthread.php?57684-Infringement-of-Lease&p=459197 https://forums.moneysavingexpert.com/showthread.php?p=63195535 and answered here I believe https://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

Posted: Sun Sep 22, 13 8:57 am Post subject:

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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