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F E Smith
F E Smith, Advocate
Category: Law
Satisfied Customers: 9606
Experience:  I have been practising for 30 years.
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House arranged as 5 flats ( leasehold. Water tank (in a

Resolved Question:

House arranged as 5 flats (Long leasehold.
Water tank (in a casing) on the top of the roof which serves only for the top flat. The lid of the casing for that tank has blown away (now lost ).
Water supply to that flat has now been rerouted. So, that tank is now redundant.
Without a lid on the tank casing, rainwater comes through to the living areas.
QUESTIONS
Who's responsibility is. ;
1) Replacement of the lid casing
2) Removal of the entire tank & casing
& to make good (resurface) that roof
space underneath the original tank.
LEASEHOLDER or the FREEHOLDER (building maintenance)
Leaseholder, because it was their sole use,
or freeholder, because the roof space belongs to the freehold
Submitted: 1 year ago.
Category: Law
Expert:  F E Smith replied 1 year ago.

You would need to look at the lease but generally any of the services is the responsibility of the freeholder or management company unless that service exclusively serves one property in which case, it’s the responsibility of the one property which it serves.

If it previously served all the properties but gradually, each one had been disconnected until there was only one left, it would still be the freeholder who is responsible or the management company.

That would apply in respect of replacement of the late removal and also making good plus of course any damage caused as a result of the failure to do any of that.

Can I clarify anything for you?

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Best wishes.

FES

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