Freeholder Boiler Issue

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    Freeholder Boiler Issue

    The freeholders of the building in which I own a flat built two flats above mine in the block of flats. In doing so they had to relocate the pipework etc for my existing boiler and there was a legal agreement to replace my boiler. Ten months later I have had a number of problems with the boiler.

    Whilst the boiler was not working, the overflow pipe was leaking and the owner of the flats below has complained that it is affecting his property.

    The owner of the property below wrote to me asking for assurance that I would pay any excess on the buildings insurance and I replied saying that I would have thought that the freeholders would be responsible as they commissioned the installation of the boiler. This letter was forwarded to the freeholders.

    They have since replied to him stating that they are not responsible for the running and maintenance of the boiler. They are also stating that the cause of the overflow was that my tenant had tipped water into the boiler however the only reason she did this was because it is apparently a fix for the pressure problem (she claims that the boiler company also told her to do this at a later stage but by that point she had agreed not to touch anything).

    I called a plumber to investigate a leak under the sink and he has said that the boiler has not been installed correctly and a pipe has been fitted directly into the sink waste pipe causing water to leak every time the sink is used. He says the sink carcass is rotten and I need a new kitchen and the boiler installation to be corrected.

    Also in getting the original problems resolved with the boiler the boiler company (i.e. the make of the boiler rather than the company who installed it) said that there needs to be a chemical flush in order for the boiler to remain under warranty.

    Should the freeholder be responsible for:

    a) the repairs and/or any buildings insurance excess for the damage to the flat below

    b) getting my boiler installation fixed

    c) any replacement of the sink carcass/the cupboard under the sink

    d) paying for the chemical flush (or confirming that this was/was not done when the boiler was installed)?

    Any advice on how to deal with this would be helpful - thanks!

    On the face of it the freeholder appears to be responsible but as they seem to want to challenge this then it would be advisable to appoint a solicitor, as it is not just between the two of you is it?
    The advice I give should not be construed as a definitive answer, and is without prejudice or liability. You are advised to consult a specialist solicitor or other person of equal legal standing.


      cuffley: what does the lease say about all of this?
      JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
      1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
      2. Telephone advice: see
      3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
      4. *- Contact info: click on my name (blue-highlight link).


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