Water tank in loft

taly_70uk

Hi all

my downstairs neighbours water tank is in my loft. And I’m thinking about getting the loft refurbished so ideally want it removed.
I am the freeholder for the property and they are leaseholders.

I don’t suppose anyone can offer a legal perspective on where I stand in removing the tank? Obviously don’t want to leave them without water or a huge bill to replace but I also don’t want to be restricted in my own loft.

thanks 

Section62

taly_70uk said:

my downstairs neighbours water tank is in my loft. And I’m thinking about getting the loft refurbished so ideally want it removed.
I am the freeholder for the property and they are leaseholders.

I don’t suppose anyone can offer a legal perspective on where I stand in removing the tank? Obviously don’t want to leave them without water or a huge bill to replace but I also don’t want to be restricted in my own loft.

Does their lease allow them to have the tank in the loft?

If so, that's what is restricting your own use of the space.

Probably the easiest way forward would be for you to offer to pay for them to convert to a mains-only water supply and to cover the legal cost of changing the lease.  And possibly give them something on top as an incentive to help you out.

When you say "refurbished" do you mean you are doing a loft conversion?  If so, be aware of the planning and building regulations issues with doing loft conversions, especially to existing flats.  If you've upset the neighbour over the water tank then you could have someone with good reason to let the council know what you are doing if you don't follow the correct processes.

ThisIsWeird

As above.

Taly, where is your CWS? Do you have one?

propertyrental

Worth looking at your lease as well as downstairs.

taly_70uk

Thanks all

What’s a CWS?

This is the reference made to the water tank in the lease

ThisIsWeird

Sorry - a CWS is a Cold Water Storage tank.

From that excerpt in your lease, I would suggest that the lower flat has a full entitlement to have their CWS in 'your' loft. Also, you need to confirm that it is 'your' loft before you start modifying it.

Options are as mentioned before - persuade and pay for a combi boiler to be installed in the downstairs flat - ~£5k - or look for a way of moving their CWS to one end of the loft space, perhaps?

So, where is your CWS?

taly_70uk

I’ve got a combi boiler.

thanks this is all useful.
 I was told at purchase as the freeholder I own the loft as that was one of the main draws of the place. However which (of the many) documents would that be written in and I’ll try and dig it out. 

ThisIsWeird

You may well own it - have exclusive rights to storage and such stuff - but the right to run water for the downstairs fellow seems pretty clear. But, of course, not certain.

I can't, tho', see any way you could 'force' the owner to move their tank! So I suspect it'll be an offer to give them a combi. Depending on the age of their system, they may jump at this, even splitting the cost - say you offer two or three £k?

stuart45

What about an unvented cylinder?

ThisIsWeird

stuart45 said:

What about an unvented cylinder?

Another possibility. But again would most likely need an inducement.

Likely more costly too, as a system boiler would be needed (if current is heat-only).

Jonboy_1984

We had the opposite in our ground floor flat, the cold water tank was immediately above the hot water tank in the airing cupboard, it meant the hot water pressure was awful, e.g several minutes to fill the kitchen sink 4 meters away horizontal, or 10- 15 minutes to run a full bath right next to the airing cupboard.

They would really need either the proposed gas combi boiler** or an electric unvented cylinder to get the mains water pressure and not be significantly worse off than the current arrangements.

As others have mentioned it is entirely likely they have the right to the tank being in your loft, and it would be fully in your court to change it at your expense.


**If you do such an upgrade, you might also need to consider a deed of variation to remove the right from future owners to reinstate something once the proposed ban on new gas boilers comes into place.