Share of Freehold - water tanks

eucaliptus

Hi Everyone,

I’ve recently been told that considerable expenses will be incurred in the building I live in and I am not sure if it’s something I have to legally contribute to.

I live in a share of freehold where all neighbours have an equal amount of shares. The directors are some of the neighbours in the building.

The flats on the top (2nd) floor all have their own water tanks in the loft space which is accessible only from each respective flat (I’m one of these). The flats in the 1st and ground floor have the water tanks in the loft space accessible from the communal areas. It has recently been unfolded that the tanks that are together (supplying 1st and ground floor), were incorrectly set up (many years ago) and as a result, contamination has occurred.

I’ve been told in a letter from the directors that I am responsible for the water tank supplying my property, which is not impacted by the issue. The question is, will I have to contribute to resolving the issues with the water tanks supplying other flats?

Additionally, according to the current board of directors this should have been identified before but due to the wrongdoing of the previous board of directors it wasn’t (Apparently they didn’t organise any checks in the tanks). I just bought the flat 6 months ago, is there any responsibility that can be claimed from the previous board of directors or home owner?

Thanks for your help!

davidmcn

eucaliptus wrote: »

The question is, will I have to contribute to resolving the issues with the water tanks supplying other flats?

Depends what the leases say. Have you read them?

Additionally, according to the current board of directors this should have been identified before but due to the wrongdoing of the previous board of directors it wasn't (Apparently they didn't organise any checks in the tanks). I just bought the flat 6 months ago, is there any responsibility that can be claimed from the previous board of directors or home owner?

Only if they warranted something to the contrary, I would have thought. Otherwise it's up to your own due diligence.

eucaliptus

davidmcn wrote: »

Depends what the leases say. Have you read them?

Only if they warranted something to the contrary, I would have thought. Otherwise it's up to your own due diligence.

Thanks, these are the references I have found:

The second schedule before referred to the Reserved property:
"..... and all cisterns tanks drains pipes wires ducts and conduits not used solely for the purpose of one flat....."


The third schedule before referred to the premises:
"..... with all cistern tanks sewers drains pipes wires and ducts and conduits used solely for the purpose of said flat....."


So I understand The Premises are each individual flat, and that includes the tanks supplying each flat. The report from the company who has diagnosed the issue confirms that there are 8 impacted tanks (They jointly provide water to the 8 flats in the ground and 1st floor, 4 for cold water and 4 for the hot water). So, because they are not providing water to only ONE flat are they considered to be part of The Reserved Property instead of The Premises?

Then it says:

"The Lessee shall to the satisfaction in all respects of the Lessor's Surveyor for the time being keep the Premises and all parts therof and all fixtures and fitting therein and all additions thereto in good and tenantable state of repair decoration and conditions throughout the continuance of this demise including the renewal and replacement of all worn or damaged parts and shall yield up the same at the determination of this demise in such good and tenantable state of repair decoration and condition."

Thanks again!

eucaliptus

By the way, if those tanks are considered The Reserved Property it says that is for the lessor to fix the issues and claim back the money from the lessees...

So I guess that the important question is, are those tanks considered part of The Property or part of The Reserved Property?

ProDave

The question I would be asking, is can we upgrade the pluming to a mains presurised system and eliminate the need for tanks in the loft, a very archaic means of plumbing.

eucaliptus

ProDave wrote: »

The question I would be asking, is can we upgrade the pluming to a mains presurised system and eliminate the need for tanks in the loft, a very archaic means of plumbing.

Thanks,

I understand this you are saying is a combi system? I'm going to change mine in the next 2 months, however I'm not sure everyone will be ready to spend the money associated with switching to a combi system...