Q: I live in a flat over. Does anyone know if it is the responsibility of the owner of the underground sewer repair, pipes, etc.?
A:In this case I think not as he is not my
Freeholder as such but the owner of just one property which has nothing to do with me or my neighbours. I have spoken to him and he has been very compliant and helpful.
A:Don't forget that unfortunately anything your
freeholder spends will just come back to you leaseholders as a charge.
A:I think, after having had a lengthy chat with them, they are pretty sure of their facts. You see the set up here is quite strange. We have 6 one storey flats over commecial premises. My flat happens to be located over a Chinese Restaurant and an Indian Take-away. The Chinese Restaurant have their own
Freeholder and the rest of us have another. It's all incredibly odd, but, it IS the case. The Chinese people have recently renovated the Restaurant and built a shed and a set of conctrete steps have been erected over where I suspect my Inspection chamber is located. Actually, it is their predecessor who is the culprit here. He built the steps over 6 years ago and I cant for the life of me remember if there is an inspection chamber there or not, it seems logical as everyone along the back has one. So, the Health Officers are seeing the
Freeholder next Monday. If he has to knock the strucuture down to find the inspection chamber at least I will have some space to clear my drain and put a chmaber there myself. Complicated or what?:confused:
A:I wouldn't take their word as Gospel – Environmental Officers aren't conveyancing experts!
Neither am I though.
A:Thank you again. I've just had the Environmental Officers downstairs who tell me that the
Freeholder is liable because there is a set of stairs and a shed which we think has been built over my inspection chamber. They said that he is responsible for locating it now and thus enabling the blockage to be cleared in the drain.
A:That reads pretty clear to me that it's your problem to deal with.
Even if it were the freeholder's responsibility, the cost would still be split between the leaseholders. :confused:
A:Thank you for your reply. My Lease states that I am responsible for drains and soil soil pipes on, and pertaining to the property. I am not sure how this would be interprated or indeed how ambiguous it is? I would value any thoughts you have please?
A:It depends on what is in your lease which you will need to look at.
As a conveyancing solicitor I believe the information given in the post to be useful but I accept no liability except to fee-paying clients.
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