Leasehold neighbour has moved his water tank into communal roof space

leafy211

I  live in a two-storey annex (2 flats) to a large block (25 flats).  My neighbour has listed his apartment for sale and Ive now come to realise that he has put his water tank in the roof space of our building (was a converted mill outbuilding), from its original place in his bathroom. The hatch/access to the roof space is in his flat (obvs.), so I wasnt aware of this before now.  I dont know how long the water boiler has been up in the roof space but I have serious concerns if there is a problem, as our lease states we are 50/50 responsible for all external repair costs for our annex building.  Which could get even more tricky to deal with, when the flat is taken on by a new owner.
I wondered
1.  Is there a time limit after which he would have rights to the roof space as he is already using it to store his water tank.
 (Im pretty sure boxes/furniture etc are also being stored up there as a couple of years ago he said we need to pay for some more vents in the roof to combat the moisture in there.  I said Im happy to but first the roof space must be cleared as it wasnt built to store furniture etc - the air needs to circulate in there.  And coincidentally since then, the matter hasnt been raised again).
2.  If the tank leaks, would I be liable to pay towards the repairs as it shouldnt have been put in the roof space (it doesnt belong to him, not on his deeds etc)?
3.  The chairman of the freehold management committee is is best pal, so I know I wouldnt get any support from the freehold company.
4.  Im not looking to cause myself or my neighbour any hassle, but I would rather have a little hassle now, than a nightmare further down the line.
5.  What are my options I wonder?
Thanks a million for any guidance.
   

davidmcn

It may not be technically correct, but it doesn't sound like a huge issue to be honest. His tank is still his tank, I can't see that it's going to be deemed to be communal just because it happens to be sitting in a communal loft.

leafy211

Hi David
No, the tank isnt communal :-).  I was talking about the roof space, which in fact isnt communal - my error.  it belongs to the freeholder (which is a company in which we all have a share).  He doesnt have any rights to use the roof space (itd be like you putting your boiler in next-doors house! :-)).  And if there is a leak, nobody will see it until too late as its in the roof space (rather than his bathroom).  And i dont want to have to pay 50% of costs to repair a huge problem because he has broken the rules (these tanks hold many gallons of water .. it wouldnt be pretty).

pinkshoes

Are you sure his lease doesn't give him the right to use the roof space?

If you are 100% sure that he is not permitted to put the tank in the roof space, I would write to the vendor asking them to remove the water tank from the shared (?) roof space. I would also contact the estate agent selling the property and make it clear that the property cannot be sold until the water tank is moved. Make sure this is in writing so that the vendor cannot deny all knowledge of this problem. 

I'm assuming that if the tank leaked, it would then affect your property too?

tacpot12

If he has no rights to the roof space, the freeholder should take action, but if the neighbour and chairman are pals this may not be an option. However, if you ask them to take action and they don't, this is tacit acceptance that the tank is part of the building structure so that they become responsible if it leaks. You might want a solicitor's letter to explain this to them just so they realise that they won't have a leg to stand on unless they take action. If you have home insurance and have legal expenses cover as part of this, I would call the legal helpline to see if they can give you any further advice, but also to see if they will act for you this, e.g. by writing a solicitor's letter to the management company. 

NameUnavailable

What does the lease say about requirement to notify or obtain permission from the freeholders for any alterations?

leafy211

Yes Im definitely sure he has no rights to the roof space. Access just happens to be in his flat.  And yes, Im directly below so if there was a big leak it would come into my flat.  But even if my flat not directly damaged, Id be 50% liable for the costs to put right the damage to the roof space, unless i could prove their negligence/cause of damage (which is a nightmare Id rather not risk).
Lease states all alterations need permission from freehold company.  In addition, I think permission might be needed from heritage as its a listed building??
Interesting thought re estate agent as it clearly states in the property listing that the flat hallway has access to the loft with power and lights (to me, suggesting the owner of that flat has use of the loft area .. )
And thank you for the idea of using my legal advice on my home insurance, id not thought of that.
Fingers crossed things can be sorted amicably!
Thanks everybody, thats all very much appreciated.

leafy211

Oooh so sorry - I just wondered about the extra angle of boxes and furniture etc also be stored in the roof area. 
Would this be deemed as a fire risk I wonder?
And possibly risk the ceiling coming down if the joists are not particularly strong as they wouldnt have been installed for storing stuff 
(Thinking best to collect all my facts and arguments in advance!) :-)

bouicca21

Surely damage caused by escape of water would be covered by buildings insurance and so any liability would only be for the excess on the policy?  Not great but not as disastrous as OP fears.

leafy211

i wonder if it would be covered by buildings insurance, if the roof space was not suitable for a water boiler?  and i simply just wouldnt even want to go down that path - my mental health is also important! :-) .. prevention is better than cure, if what im thinking .. 
The best thing would be for people (ie my neighbour upstairs) to stick to the rules and not abuse a situation (ie having the loft hatch in his flat).  If only! :-)

NameUnavailable

leafy211 said:

i wonder if it would be covered by buildings insurance, if the roof space was not suitable for a water boiler?

How could it not be suitable for a water tank?

As said you need to check what their lease says about the loft space and also what it says about alterations.