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Clarification of responsibilities in common areas.

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  • eddddy
    eddddy Posts: 18,776
    Part of the Furniture 10,000 Posts Name Dropper
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    ndelightfullyvaguely said

    Thanks, it is like this but there are also smaller fuses coming off the main one.

    So there's a huge green box that I think has the main fuse, then there are smaller 80 / 100A ones.

    Annoyingly I can't get into the conveyancing portal to get a copy of the full lease but I have just asked for it from the Conveyancers I used and the management company.

    I read that paragraph in your other thread. In simple terms it says that you are responsible for wiring that exclusively serves your flat.

    Rather than discussing fuses, you probably need to look at it like this:

    Are you saying that there is some "pieces of wiring" that meet all the following definitions:

    • They serve more than one flat
    • The DNO says they are the BNO's (freeholder's) responsibilty
    • Your lease doesn't say that they are the freeholder's responsibility
    • (i.e. the lease makes nobody responsible for those "pieces of wiring")

    If so, technically, you have a defective lease. You can ask a tribunal to amend your lease to make it clear who is responsible for those "pieces of wiring".

    But that's likely to cost thousands in legal fees, so maybe it's cheaper to work out an informal solution.

  • eddddy
    eddddy Posts: 18,776
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    ndelightfullyvaguely said

    It then comes down to who should arrange it? Is it down to leaseholders to figure it out and then chase each other for the money or isn't that the job of the property management company? To manage the property 🤣

    Let's say the work is £2k between 4 of us, it's not like one of us would want to pay that up front and have to chase the other 3 for their share.

    Welcome to property ownership and neighbour disputes!

    It looks like if you can't resolve this amicably, you might have to take legal action.

  • ndelightfullyvaguely
    ndelightfullyvaguely Posts: 13
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    edited 30 May at 11:08AM

    Thanks.

    I guess it would need an expert to trace each cable and see what's going on. I don't know which each cable does and where it goes. I don't know if earths are shared or anything like that.

    I wouldn't mind if the Property Management Company or somebody just said "It's going to cost £x, we will invoice you all £x over the next x months" or something and then just told us when the work was being done so to expect the power to be off.

    IF it is just just my fuse and my wire, even if I got that fixed I am not sure that would resolve it as Octopus would still see the other wires in close proximity. The only thing I can think of is if I somehow paid to get the meter moved up into my flat (1st floor).

    After all this, it would take decades to actually then recover the cost with savings from having a smart meter… I probably won't be living here then anyway.

  • Heedtheadvice
    Heedtheadvice Posts: 3,120
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    edited 31 May at 1:26PM

    I agree with most of what edddy writes...if the interpretation is that you ( ndelightfullyvaguely ) are responsible for the wiring as described above in the blue excluding the green box!

    In practical terms I agree broadly with another poster on your original thread for an easy and relatively cheap solution.

    Although the landlord , as BNO, has written the lease to make you responsible for your section of the installation they cannot make you responsible for the common section,- up to an including that green box. That is retained by the Landlord as is the duty of care. That is a statutory duty with clearly defined responsibilities. It would be interesting to see if test certificates and circuit identigicatons are displayed and checks have been done as per the legal requirements. Pursuing that would not help your case for their current cooperation, I expect, but would be in the interests of all Tenants from the safety and compliance point of view.

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