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Gas meter access

I bought my leasehold flat last October. It's a 2nd floor flat in a Victorian terrace. The flat below me is rented out by the freeholder and the freeholder has recently sold his business so is no longer working in the shop downstairs.

Since leaving the shop, the freeholder has not given me any contact details whatsoever. I have managed to get a letter to him via my neighbour downstairs but he didn't really answer any of my questions.

The main problem is this: my flat is the only place that has gas in the building. However, the meter and main emergency valve is located in the freeholder's garden shed. The garden gate is padlocked, as is the shed.

I recently had to get British Gas to come out to mend my boiler as I'm not getting hot water but as I don't have 24 hour access to the meter, they switched the boiler off and turn the gas off at the secondary valve. This was 19 August.

In the meantime, the freeholder informed me via letter that he has handed over management of the freehold to a local estate agent. Speaking to said estate agent, terms haven't been agreed regarding the management so I'm in a bit of a bind as to who I need to speak to.

The estate agent now holds a key to the gate and shed but will not allow me a copy. The freeholder has also said to them that I am not to have a copy.

In short: What legal rights of access do I have over my meter? Does anyone know of any legislation that will allow me 24 hour access?

Also to note, I have got a quote from National Grid to move the meter inside the communal hallway so this isn't an issue in the future when I sell my flat. This can take 6-8 weeks though and I'm not convinced that the price will stay the same once I've had the survey done (price is manageable at the moment but I'm worried that the pipework won't be as simple as they think).

Sorry if this is not the right area to ask, but I'm running out of options on who to speak to. Will be grateful for any assistance!
SwagBucks since 25/5/15 - £70 Amazon

Comments

  • AFF8879
    AFF8879 Posts: 656 Forumite
    Ninth Anniversary 500 Posts Name Dropper
    Surely once the EA agrees the terms of the management they will grant you access? Did they give you any indication of how long that process would take? I'm not going to lie, I don't know the specific legislation, but it must be illegal to prevent you from accessing your gas meter and emergency valve as owner of the lease.

    But long term I agree the meter should be moved. Why on earth would the freeholder specifically stipulate that you were not to have access?!
  • G_M
    G_M Posts: 51,977 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    edited 6 September 2016 at 11:09PM
    Does your lease say anything on the matter? If it does, this would be the simplest solution. Check this first.

    I doubt you could get the meter moved to a communal area without the freeholder's consent.

    It certainly seems highly unreasonable not to provide you with a key for access - tea and cake......?

    An underhand approach might be to request to borrow the key to give BG access one afternoon, and copy it. Given the freeholder is off-site, as is the new managing agent, they'd never know if you continued to use it.

    Health and safety? Freeholder's have a statutory duty to do a building risk assessment I believe. Such an assessment should surely include the danger arising from an inability to switch off the gas?

    http://www.hse.gov.uk/risk/casestudies/flats.htm

    Not sure but I think it all stems form the The Regulatory Reform (Fire Safety) Order 2005
  • anselld
    anselld Posts: 8,562 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    titch85 wrote: »

    I recently had to get British Gas to come out to mend my boiler as I'm not getting hot water but as I don't have 24 hour access to the meter, they switched the boiler off and turn the gas off at the secondary valve. This was 19 August.

    Did they fix the boiler? Did they serve any safety notice?

    AFAIK if you have an isolation valve accessible in the flat then there is no safety requirement for 24h meter access. You can isolate at the flat in the event of a leak etc.

    So it doesn't solve the long term issue, but if they have not served any notice then you can switch the boiler back on and at least have hot water again. Look for the isolation valve in the boiler instructions (usually underneath in the middle where the gas pip enters) and switch this and the flat isolator back on.
  • titch85
    titch85 Posts: 43 Forumite
    anselld wrote: »
    Did they fix the boiler? Did they serve any safety notice?

    AFAIK if you have an isolation valve accessible in the flat then there is no safety requirement for 24h meter access. You can isolate at the flat in the event of a leak etc.

    So it doesn't solve the long term issue, but if they have not served any notice then you can switch the boiler back on and at least have hot water again. Look for the isolation valve in the boiler instructions (usually underneath in the middle where the gas pip enters) and switch this and the flat isolator back on.

    British Gas have issued 2 safety warnings and so has National Grid. BG sent a second opinion engineer yesterday who issued a warning and kept everything turned off but showed me how to turn everything back on so I can at least have hot water when I need it.

    I have a secondary emergency valve in my flat, however this is under the boiler and will not switch the gas off on entrance to the building. The pipework goes under the floor boards.

    It doesn't seem like it was installed following correct procedures but there is no paperwork from this so I can't even clarify who might have done it, when it was completed, etc.

    I do want to have the meter moved but this will take up to 8 weeks, possibly longer if the freeholder stalls on granting me permission.
    SwagBucks since 25/5/15 - £70 Amazon
  • titch85
    titch85 Posts: 43 Forumite
    edited 7 September 2016 at 4:31PM
    G_M wrote: »
    Does your lease say anything on the matter? If it does, this would be the simplest solution. Check this first.

    I doubt you could get the meter moved to a communal area without the freeholder's consent.

    It certainly seems highly unreasonable not to provide you with a key for access - tea and cake......?

    An underhand approach might be to request to borrow the key to give BG access one afternoon, and copy it. Given the freeholder is off-site, as is the new managing agent, they'd never know if you continued to use it.

    Health and safety? Freeholder's have a statutory duty to do a building risk assessment I believe. Such an assessment should surely include the danger arising from an inability to switch off the gas?

    http://www.hse.gov.uk/risk/casestudies/flats.htm

    Not sure but I think it all stems form the The Regulatory Reform (Fire Safety) Order 2005

    The lease doesn't mention anything about meters at all. There is a bit about the pipework for any gas, electric, etc but doesn't cover meters. I believe the gas was installed after the lease was drawn up and it doesn't look like this was ever added to it.

    The management company won't even give me the key when British Gas visit. I need to arrange a time for them to meet the engineer so they can open the lock.
    SwagBucks since 25/5/15 - £70 Amazon
  • Slinky
    Slinky Posts: 10,898 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    Good God what on earth is in that shed that's so valuable!
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  • titch85
    titch85 Posts: 43 Forumite
    Slinky wrote: »
    Good God what on earth is in that shed that's so valuable!

    When I got a look the other day, it was full of crap and had hay all over the floor.

    Never known such ridiculousness!
    SwagBucks since 25/5/15 - £70 Amazon
  • marksoton
    marksoton Posts: 17,516 Forumite
    titch85 wrote: »

    The management company won't even give me the key when British Gas visit. I need to arrange a time for them to meet the engineer so they can open the lock.

    Completely unacceptable. I'd be having a strong word with the management company.
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