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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I am a director of a company owning the freehold of a

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I am a director of a company owning the freehold of a residential property comprising 6 flats in central London. All the flats are on the same long term leases and all the lessees are shareholders and directors of the company. One of the leessees, also a director has just caused a major insurance claim due leakage to a 30 year old boiler which was illegally situated in the bedroom of his tenanted flat. He is refusing to relocate the boiler to a proper position saying it is quite safe. Myself and the other directors are concerned that not only is he breaking the terms of his lease and the the conditions of our insurance policy but also the law and as we are aware of this, we are complicit.
What remedy do we have ?
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Alex Watts :

Hello my name is ***** ***** I will help you with this.

Alex Watts :

For now please let me know whether you have had a professional survey done to confirm it is not legal or safe?

Customer: A qualified surveyor carrying out a party wall survey in January 2014 commented that due to its position the existing boiler would not receive a gas safety certificate from a qualified gas safety engineer. Since the leakage ossurred in December 2014 and a new boiler was placed in the same position by a jobbing plumber who was paid cash. The owner of the flat, who is a qualified architect, has been reluctant to allow any entry. However he did admit at a board meeting of the freehold company last week that he knows the boiler is illegally situated and would not receive the gas safety certificate required by the Health and Safety Executive, However he is flatly refusing to move it to a legally safe position.
Alex Watts :

What you need to do is the Company needs to write to the Director of the Company and set out the position saying it is not safe and why. You need to disclose the report

Alex Watts :

Write and give a period of say 14 or 28 days the work rectified or say you will go to Court.

Alex Watts :

If they don't then you can issue proceedings. You would need to complete form N1

Alex Watts :

The Court will send the other side a copy and then list the matter for hearing and see whether the case was defended.

Alex Watts :

If so the Judge would give directions and set the matter down for trial.

Alex Watts :

You can use the survey as evidence. If the court finds for you then the Court can order that the work is done.

Alex Watts :

If it was not then this could be contempt of Court and the director could be warned, fined or sent to prison

Alex Watts :

Can I clarify anything for you about this today please?

Customer: Dear S
Customer: Dear Alex,
Alex Watts :

Yes?

Customer: Dear Alex,
Customer: Sorry for the previous unfinished messages.Thank you for this advice. Very helpful. Enjoy the rest of your weekend! Regards, Callum.
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
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