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Hi everyone,
I'm looking for some advice on a boundary of responsibility issue regarding a communal utility layout, which is currently blocking me from upgrading my energy service. I am a leaseholder in a converted block of four flats, and I am currently stuck on an inconvenient prepayment key meter.
The Technical Setup: I have been trying to get a smart meter fitted. Octopus Energy has attended multiple times but flatly refuses to complete the installation. They state that the shared communal meter cupboard does not meet installation safety standards because the main distribution wiring/Henley blocks are completely "floating" and are not securely mounted to a backboard.
This equipment sits immediately past the main cutout fuse for the building, but before it reaches our individual flat meters. It is a shared distribution point that splits the main incoming power out to all four flats.
The Deadlock with Management: I contacted our property management company to ask them to coordinate securely mounting the equipment to a board. They have flatly refused, stating:
"The responsibility is not that of the Freeholder. We collect payment for Ground Rent and Insurance only, moreover there is no dedicated landlord supply therefore the problems of which you are faced is the responsibility of the leaseholder as we have no repair obligations."
They cited Clause 2(7) of our 1965 lease to back this up. However, the exact wording of Clause 2(7) states that the Tenant's repair covenant is only:
"...insofar as such pipes wires ducts and other things are solely installed or used only for the purpose of the demised premises..."
Because this infrastructure distributes power to all four flats, it sits in a communal area and is clearly not "solely installed or used only for the purpose of the demised premises." The other leaseholders are sensible and completely willing to cooperate financially to get this fixed, but we are stuck on the legal protocol of how to proceed with altering shared building infrastructure.
My questions
DNO Isolation: Because these blocks sit before our meters, fixing them requires a full building power shutdown from the DNO (National Grid). Will the DNO accept a building-wide isolation request from a single leaseholder, or does it legally have to come from the Management Company?
Altering Shared Assets: Do individual leaseholders even have the legal right to hire an electrician to alter shared distribution equipment in a communal area?
Next Steps: What is the best way to resolve this practically so I can get my smart meter, without getting hit with a massive bill or a legal battle?
Thanks in advance.
I'm looking for some advice on a boundary of responsibility issue regarding a communal utility layout, which is currently blocking me from upgrading my energy service. I am a leaseholder in a converted block of four flats, and I am currently stuck on an inconvenient prepayment key meter.
The Technical Setup: I have been trying to get a smart meter fitted. Octopus Energy has attended multiple times but flatly refuses to complete the installation. They state that the shared communal meter cupboard does not meet installation safety standards because the main distribution wiring/Henley blocks are completely "floating" and are not securely mounted to a backboard.
This equipment sits immediately past the main cutout fuse for the building, but before it reaches our individual flat meters. It is a shared distribution point that splits the main incoming power out to all four flats.
The Deadlock with Management: I contacted our property management company to ask them to coordinate securely mounting the equipment to a board. They have flatly refused, stating:
"The responsibility is not that of the Freeholder. We collect payment for Ground Rent and Insurance only, moreover there is no dedicated landlord supply therefore the problems of which you are faced is the responsibility of the leaseholder as we have no repair obligations."
They cited Clause 2(7) of our 1965 lease to back this up. However, the exact wording of Clause 2(7) states that the Tenant's repair covenant is only:
"...insofar as such pipes wires ducts and other things are solely installed or used only for the purpose of the demised premises..."
Because this infrastructure distributes power to all four flats, it sits in a communal area and is clearly not "solely installed or used only for the purpose of the demised premises." The other leaseholders are sensible and completely willing to cooperate financially to get this fixed, but we are stuck on the legal protocol of how to proceed with altering shared building infrastructure.
My questions
DNO Isolation: Because these blocks sit before our meters, fixing them requires a full building power shutdown from the DNO (National Grid). Will the DNO accept a building-wide isolation request from a single leaseholder, or does it legally have to come from the Management Company?
Altering Shared Assets: Do individual leaseholders even have the legal right to hire an electrician to alter shared distribution equipment in a communal area?
Next Steps: What is the best way to resolve this practically so I can get my smart meter, without getting hit with a massive bill or a legal battle?
Thanks in advance.
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