Leaseholder wants to make changes inside my flat

[happyasasandboy]

I own a leasehold flat on the top floor of a small block. The leaseholder is building another layer of flats on top of the building, directly above my flat.

The flue from my gas boiler currently vents through the roof that they're building on. They say that building regs mean that the flue can't be extended to go through the new layer of flats, so they want to re-route the flue of my boiler through my bedroom to vent to an outside wall instead of up through the new flat/roof. This would mean an ugly boxed in flue through my bedroom and remodelling of my built-in cupboards to accommodate it.

Do I have any way to stop them doing this? They are saying they're going to cut of my gas if they can't do the work because they're removing the flue. I feel this is unfair as it was their choice to build the new layer of flats.

I think another option is for them to replace my gas boiler with an electric boiler so there is no flue. This would cost them more, obviously. Am I entitled to ask/insist on this option?

I have no idea about the legalities of your situation, however, do not push for an electric boiler.
It will cost you a lot more as well - we have wet electric heating, and it costs us approx £10 a day in winter to keep the house at 18 degrees.
Don't do it.

Assuming you are in the UK - suggest you contact the local authority planning department. There'll be building regulations and the terms of the planning consent.

Speak to Lease Advice ASAP

www.lease-advice.org

They'll be able to give you legal advice

Thanks everyone.

They have planning consent and will abide by building regulations. They just have to solve the problem of rerouting the flues from lower down flats (mainly mine).

I am not too worried about the cost of the electric boiler. It is a small flat that costs used very little energy to heat. I will research electric boilers more before speaking to them though.

I guess I am struggling to understand where the line is between me owning the lease and them owning the freehold. I realise that means they can decorate common parts/replace the roof etc, but can they actually insist on things like this inside my flat.

I’ve no idea but definitely speak to a solicitor before discussing it with them. Don’t miss out on any possible compensation!

Notify them in writing that you will be consulting a solicitor and a surveyor, and that they should not commence work . Say that you do not want the boiler or flue in the bedroom and they need to come up with a better solution that does not affect the amenity of your flat.

It depends what rights are "reserved" to the landlord in the lease. Suggest you say no initially and speak to a lawyer. If you need to pay for the legal advice (which you probably will), ask the freeholder (btw, you are the leaseholder, the person who owns the building is the freeholder).

It doesn't sound as though they going about anything the right way.

This sounds dodgy to me. You need to get legal advice on the terms of your lease, but I would be amazed if they can force this on you or just cut off your gas. I'd start by asking them to confirm in writing what they believe their legal rights to insist on this are. The fact they have PP for the new flats is NOT a reason in itself.

I'd be looking at this the other way round. They want something from you because that enables them to make more profit on the flats. If you do agree to any changes they should be paying for everything, including your legal costs, plus a one off compensation payment for your inconvenience and having to live with additional pipework. Your solicitor may well say that you need a formal deed of easement for the new venting route. They should pay for this too.

Will an electric boiler put people off buying your flat? if so then you should get compensation for that too.

Definitely don't just roll over on this because they are trying to bully it through. Sounds as if they have messed up.

Apart from anything else, adding another floor on top of your flat means yours will no longer be the top floor flat. This could impact on the value of your flat. Do you have access to the roof as an amenity? Get legal advice. It's greed on the part of the freeholder if you ask me.

I agree with wowfudge. Planning permission means nothing, in simply means that the proposals comply with Planning Law so the Local Authority have no reason to stop it.

Things that affect the enjoyment of your flat will be civil matters. You need legal advice, and then make a list of reasonable demands, perhaps including compensation.

First step is to check on your insurance to see if you have legal cover.

I would also check the proposals for allocating service charge. More flats should be saving for you, but it depends on how they allocate them. They should pay for changes to your lease.

Thanks all.

I will speak to LEASE for advice, and contact the party wall solicitor they appointed for me before the works on the roof began.

Unfortunately there isn't an easy external wall they could re-site the boiler to. There is a wall that would allow the vent to go up and out if they are allowed to take the vent through the void between my ceiling and the new floor, but the man who initially came to identify what all the vents are for said nothing is allowed in the void.

I'd also be concerned about noise from the new flats above impacting you - presumably a part of your decision to buy a top floor flat?

Did you look at the application submitted to planning? The specifications and layout would have been provided. It is a pity if you didn't as you could have objected then if it has adverse impact on you? Amenity etc. Look at the application online and see what they provided. The permission will have been granted according to those plans.

How and ever, you are where you are. And as people have said, planning permission only means the Council would not disallow the development in principle. So, don't let anything be imposed on you that you don't have to or want.

Getting planning permission for a new extension/property would not have given them permission to cut off your gas and mess with your layout to accommodate a development to facilitate the new development. It sounds like they are acting over and above their position to cut your gas off.

I will speak to LEASE for advice, and contact the party wall solicitor they appointed for me before the works on the roof began.

Remember the party wall solicitor will be working for them, and not your interests. His goal is to arrive at a decision that suits his clients.
Just don't be short changed from all of this.
Make sure they are paying your costs as well.

You can pick your ow party wall surveyor at their cost, you don't have to use their surveyor.
Why can't the flue go between the floors, so above your flat and below the new flat.
Don't go Electric, my mothers flat is all electric, her monthly bill is more tha I pay for a three bed house using gas and Electric.