Can the freeholder unilaterally ‘disconnect’ me?

Collapse
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

    Can the freeholder unilaterally ‘disconnect’ me?

    I am the leaseholder and owner occupier of a first floor flat in a converted house of two flats. The ground floor flat is owned and occupied by the freeholder. The freeholder has made a planning application to excavate the basement into a second bedroom/bathroom and build a ground floor extension to the side and rear of the property.

    The build is proposed to take several weeks if not months and would require removal of existing drains and watercourses and removal of watercourses servicing my property and outflows from my kitchen, bath, bathroom sink, and toilet, which flow into the drain and sewer at the side rear of the property and wall - that is due to be demolished - to open up the ground floor flat and extension.

    (See attached images).

    I am planning to seek legal advice on the matter with regards my position and response, but before I do I was hoping that I may be able to hear any thoughts and advice from here. I am very worried with regards the impact the development is likely to have on me (and family) and how to proceed, or whether it is inevitable, anything I can do, or if I can seek to prevent on the grounds of a (likely) breach of my lease?

    I have found and read a previous thread (Nov 2021) discussing the matter of “the free and uninterrupted passage and running of water” which was encouraging.

    The proposal would require excavation and relaying off, and interruption of all watercourses and drains sewers servicing the building and my property on the first floor. I have been informed that the freeholder/occupier of the ground floor flat will be residing elsewhere during the build.

    My concern having read my Lease is the following parts with regard the right of “The free right of passage and running of water and soil” and the right of “The free and uninterrupted passage and running of water and soil”.

    Can the freeholder unilaterally ‘disconnect’ me? What to do?

    From my lease:

    Rights and Benefits Granted to the Lessee

    (1) The free right of passage and running of water and soil gas and electricity from and to the Demised Premises all sewers drains watercourses water pipes cisterns gutters gas pipes and electric wires which serving the Demised Premises now or at any time during the next 80 years to be laid through or over or in or under or upon the building of which the Demised Premises form part

    Exceptions and Reservation

    (IV) The free and uninterrupted passage and running of water and soil and gas and electricity from and to the other buildings and land of the Lessor and its tenants adjoining or near the Demised Premises through the sewers drains watercourses pipes cisterns gutters gas pipes electric wires and meters are now and may hereinafter during the term hereby granted be in or under the Demised premises
    Explore godistherain's photos on Flickr. godistherain has uploaded 1 photo to Flickr.

    #2
    You have very good objections to these plans.

    So put those objections to the planning application.

    Comment


      #3
      I am assuming they will need permission from the water authority as well. If said pipes take more than a single dwellings sewage then they are, by definition, public sewers, even if they are under the house. I am not 100% on how the drains concerning flats work, but individual houses the law is clear so I assume it’s the same for flats.
      as such they cant mess around with it without their permission. Also, you have a right to drain and they need to maintain this right during the works.

      Comment


        #4
        "The free right of passage and running of water and soil gas and electricity from and to the Demised Premises all sewers drains watercourses water pipes cisterns gutters gas pipes and electric wires which serving the Demised Premises now or at any time during the next 80 years to be laid through or over or in or under or upon the building of which the Demised Premises form part"

        Te above gives you rights for all services. The absence of the word "uninterrupted" is not significant. Your rights cannot be interfered with. It would be legitimate to interrupt the rights if it was necessary to carry out essential repairs, but not to make improvements.

        Apart from the fact that your clear rights cannot be interfered with, you have the protection of the landlord's covenant for quiet enjoyment and and the principle that a landlord must not derogate from his grant. Both are explained here: http://newsontheblock.com/news-opini...uiet-enjoyment.

        As other have said, the thing to do now is to object to the grant of planning permission. Should permission be granted though, it does not override your rights under landlord and tenant law.

        What you should also consider doing is firing a warning shot over the landlord's bows by writing a letter saying you do not consent to the interruption of services and that, should planning permission be obtained and works begin, you will without notice make an application to the court for an appropriate injunction.

        Comment


          #5
          Thank you so much for your replies. I greatly appreciate your input

          Comment


            #6
            Originally posted by nukecad View Post
            You have very good objections to these plans.

            So put those objections to the planning application.
            I was told that these objections per say are not material to a planning application/consideration (which I find bewildering) which they describe as 'non planning considerations', which includes land ownership issues, concern over watercourses, sewers etc, pray wall issues etc, access, and others.

            I have objected on planning considerations. I am certain it will be given permission. Everything appears to pass.

            I understand that consideration/approval of a planning application by the Council simply relates to matters of public interest and does not take any account of private rights and that obtaining planning permission has no impact on the proprietary rights and interests of individuals in respect of the property. That is what I am relying on.

            Comment


              #7
              Lawcruncher,

              Thank you very much.

              I know you said it was not significant but the term "uninterrupted" is included in this part if that strengthens my cause.

              Exceptions and Reservation

              (IV) The free and uninterrupted passage and running of water and soil and gas and electricity from and to the other buildings and land of the Lessor and its tenants adjoining or near the Demised Premises through the sewers drains watercourses pipes cisterns gutters gas pipes electric wires and meters are now and may hereinafter during the term hereby granted be in or under the Demised premises

              Comment


                #8
                No. The exceptions and reservations are the rights the freeholder has over your flat, so not relevant to your potential problem. For the record, I do not think anything significant can be inferred from the word "uninterrupted" appearing in the landlord's rights but not yours. It's basically just verbiage.

                Comment


                  #9
                  I have added three profile drawings from the submitted plans which show my first floor flat in relation to the application which remove existing watercourses servicing my property and proposed watercourse.
                  Explore godistherain's photos on Flickr. godistherain has uploaded 2 photos to Flickr.

                  Comment


                    #10
                    Originally posted by Lawcruncher View Post
                    No. The exceptions and reservations are the rights the freeholder has over your flat, so not relevant to your potential problem. For the record, I do not think anything significant can be inferred from the word "uninterrupted" appearing in the landlord's rights but not yours. It's basically just verbiage.
                    Thank you.

                    Comment


                      #11
                      I had a reply on the matter of the application from the landlord.

                      "I am sure that you have been notified that planning has been granted. I know that this will create noise and a nuisance to you".

                      Any thoughts?

                      Comment

                      Latest Activity

                      Collapse

                      Working...
                      X