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Boiler installers drilled new flue without freeholder permission

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  • Boiler installers drilled new flue without freeholder permission

    I recently had a gas boiler replaced in my leasehold flat. In discussions with the company afterwards, I found out that they drilled a new flue hole through the external wall. This hadn't been planned - the possibility that this would be necessary hadn't been discussed beforehand - I think it's because the boiler is in quite a tight space. From the outside, the old flue hole appears open - the boiler installers didn't fill it in, and this needs to be done. My lease says not to make external alterations without the freeholder's permission.

    What would seem best to do? Should I first ask the boiler installers to repair the hole? Should I contact the freeholder before or after the works are completed? If the boiler installers don't come back to repair the hole, am I liable for the cost of filling in the hole? Or would this be considered damage to the freeholder's property by the contracted boiler installers with them being liable to fix it i.e. not going through me?

    My lease seems to say that I indemnify the freeholder from damage due to negligence by "any persons at the Premises expressly or impliedly within the Tenant's authority and under the Tenant's control", but I'm not sure how that affects things here.

    Thanks very much for any useful perspectives that you can give.
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  • #2
    I suggest that as a first step you get the hole filled in competently with appropriate materials.

    After that you can consider what, if anything, to tell the freeholder.
    Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

    Guides and handbooks for Litigants in Person - :

    https://legalbeagles.info/forums/for...60#post1701560

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    • #3
      Thanks. They did come back and fill the hole after I spoke to them.

      See here for a follow up query about smoothing this with the freeholder: https://legalbeagles.info/forums/for...-alter-process

      Comment

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