Downstairs neighbours water tanks in our loft room

[LXP31677]

We are leaseholder of a 1^st floor flat and 50/50 co-freeholders with the ground floor flat in a Victorian conversion (only one flat on each floor).

The loft room is listed in the plans as being in our demise and was converted (badly) in the 80's, with a fixed ladder type stairs, which was noted in a lease amendment.
We want to sure up the conversion, install steels (the roof is sagging), install proper stairs, and improve it with a dormer at the back.
However the downstairs neighbour’s water tanks are in our loft room. They’re not maintained or insulated despite requests; we even fixed a dripping overflow pipe issue at our expense. When we bought the flat, we thought the water tanks were for our flat/boiler, but it has a combi boiler, hence no need for tanks. The tanks are situated so they would interfere with the proposed dormer.

We have requested the neighbours change their boiler to a combi system so their tanks can be removed so our flats can become self-contained, as they are supposed to be, and we can get our loft back and make the improvements but they are refusing.

Is there anything we can legally do to make them remove the tanks? Can they block us from improving the loft conversion?
Any help/advice would be much appreciated.
p.s. We cannot afford to convert their system for them so please don’t suggest this as a solution.

Thanks!

[IanM]

Re: Downstairs neighbours water tanks in our loft room

Hello.

As a builder i would say you can legally move, not remove, the water tanks that service the flat below so long as you maintain the supply to the flat when your conversion is complete, make them aware in writing of your intentions(recorded delivery), with at least a few days notice, that the tanks are going to be moved and the water supply will be turned off for a day.

Ask your architect or builder to suggest where the tanks could be moved to on the floor directly above the flat below and reconnect the water, will cost a bit extra to do but will be cheaper than converting their system for them.

IanM

[LegalEagle1207]

Re: Downstairs neighbours water tanks in our loft room

What does the lease in respect of the boiler? E.g., does it state that it cannot be moved? Does it state who is responsible for maintaining the boiler?

If it says that downstairs are responsible, but it's in your demised area, does the downstairs flat have a right of easement over your demise in order to access said boiler?

[Celestine]

Re: Downstairs neighbours water tanks in our loft room

If i was in your situation, I would 'give notice' to the neighbours that their tank is being evicted from your demise.

This will not cut off their mains drinking water, merely the supply/overflow(?) tank to their boiler and perhaps their bathroom water? You cannot be prevented from commencing with your work because they are sticking their heads in the sand.

They will need to either swap their boiler for a combi or make room somewhere in their demise for this tank.

[LXP31677]

Re: Downstairs neighbours water tanks in our loft room

What does the lease in respect of the boiler? E.g., does it state that it cannot be moved? Does it state who is responsible for maintaining the boiler?

If it says that downstairs are responsible, but it's in your demised area, does the downstairs flat have a right of easement over your demise in order to access said boiler?

Do you mean water tanks not boiler?

The boilers for the respective flats are in our own demises and maintained respectively and are not in question, we only want them to change the boiler to remove the need for the water tanks.

The water tanks for the boiler and bathroom water for the downstairs flat is in our (the upper flat) demise. There is an easement over pipe work/service media, which we also require to get our pipes from the ground floor to the 1st floor. But the lease doesn't go as far as to say water tanks, would these be intuitively included in the easement?

Thanks.

[LXP31677]

Re: Downstairs neighbours water tanks in our loft room

If i was in your situation, I would 'give notice' to the neighbours that their tank is being evicted from your demise.

This will not cut off their mains drinking water, merely the supply/overflow(?) tank to their boiler and perhaps their bathroom water? You cannot be prevented from commencing with your work because they are sticking their heads in the sand.

They will need to either swap their boiler for a combi or make room somewhere in their demise for this tank.

Very interesting way of looking at it, thanks for the suggestion. So not asking them to change the boiler, just to house their own tanks.... Thanks.

[LXP31677]

Re: Downstairs neighbours water tanks in our loft room

Hello.

As a builder i would say you can legally move, not remove, the water tanks that service the flat below so long as you maintain the supply to the flat when your conversion is complete, make them aware in writing of your intentions(recorded delivery), with at least a few days notice, that the tanks are going to be moved and the water supply will be turned off for a day.

Ask your architect or builder to suggest where the tanks could be moved to on the floor directly above the flat below and reconnect the water, will cost a bit extra to do but will be cheaper than converting their system for them.

IanM

I appreciate your suggestion but we have a one bed flat in London, looking to make a proper second bedroom in the loft room. Space is at a premium, hence we want to reclaim the valuable space their tanks are using up. Relocating their unsightly tanks within our flat wouldn't really solve our problem. Thank you anyway, it's certainly food for thought...

[enquirer]

Re: Downstairs neighbours water tanks in our loft room

Prior to your installation of a combi (was it you?), did both flats have their own tanks?

Assuming that they did, and that each tank was owned by the flat in question, you could remind downstairs that their failure to maintain the tank puts both flats at risk. Point out to them that if there is a serious leak, or if you discover a lesser leak that remained undetected for some time and has caused comparable damage, then they will be liable for the lot.

If the lease is silent with regard to the tank, it might be advisable to obtain a solicitors opinion. If downstairs remain uncooperative, then seeking a judgement in the County Court may be the only way to definitively resolve this.

[LXP31677]

Re: Downstairs neighbours water tanks in our loft room

Prior to your installation of a combi (was it you?), did both flats have their own tanks?

Assuming that they did, and that each tank was owned by the flat in question, you could remind downstairs that their failure to maintain the tank puts both flats at risk. Point out to them that if there is a serious leak, or if you discover a lesser leak that remained undetected for some time and has caused comparable damage, then they will be liable for the lot.

If the lease is silent with regard to the tank, it might be advisable to obtain a solicitors opinion. If downstairs remain uncooperative, then seeking a judgement in the County Court may be the only way to definitively resolve this.

We don't know, it was before our times (and our neighbours). Will remind them of their responsibilities towards the tanks. Thanks for your advice.