Property Law - New Boiler install-Advice needed!

I'm glad you've mentioned that you're getting professional legal advice - it's certainly the best way to get some peace of mind, even if it's just to know where you stand.

In any case:

Setup a webcam or something looking out through the window that the guy is most often looking in through. There are loads of free tools that will trigger recording on movement and you'll have a date/time stamped record of what happens and when.

Keep your phone on 'record' (voice at a minimum, video if possible) when talking to the guy in person, but really try to communicate with them only by letter/email and keep it civil from your end even if they are really being nasty.

original guvnor said:
... the legal documents you must have when you went through the purchase should tell you what you can and cannot do and what your obligations are in terms of the external structure. It's impossible for anyone on here to give you specific advice about what to do without having the legal documentation to hand. A short-term ploy may be to tell this guy to tell you exactly which clauses you have breached and to remind him that if he has any contractor carry out any work on your property (including F&F) without your consent you will recover the costs of reinstating it from him personally unless he can prove he has followed the correct legal procedure.
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^agreed.
If he's the head of the residents association, that usually means he's in charge of collecting annual fees for and organising of general maintenance - appointing a gardener, getting soffits painted, fixing roof leaks or blocked downpipes, that kind of thing - normally neither he nor his agents have any right to gain entry or work on your property without your permission, let alone have the power to evict - to the best of my knowledge only a court can order that but a lawyer would be able to confirm this based on your documents.

You mentioned about him being able to fine you - unless there is some kind of outlined schedule of fines (e.g. 300 for failing to do 'x', or 400 for breach of condition 'y') written into the documents (deeds/leasehold/particulars of sale) then I very much doubt he could do that - he'd have to sue you (which means both of you need to know what he's trying to sue you for) and he can't just pluck the figure out of thin air - there would need to be a basis to charge something fair and reasonable and/or to demonstrate an appropriate loss for there to be a valid claim. Again, a lawyer would be able to confirm this.
 
Hate to say it but i doubt a phone recording will be worth anything if it went to court. Hopefully it can be resolved amicably though i fear by what's been said already that may not be the case.

Advice on keeping a diary is a great idea though. Write down even the smallest of details as it will all help in your favor.

Such a shame people like this exist in the world and it must be horrible considering its your first purchase. Hopefully its sorted with minimal stress to yourself and your loved ones.
 
In the deeds for my house there is a clause which says something like "shall not alter the outside appearance etc" but some have converted garages into rooms, nobody gives a stuff.

It would seem the residents commander in chief has another agenda!
 
simonlpearce said:
Hate to say it but i doubt a phone recording will be worth anything if it went to court.
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I'm sure it wouldn't - but often its a good memory jogger when writing the argument for the diary. So often important words are missed. A recording is a good back up.
It will also give the police a flavour of events.
 
It's really two issues. First is the Boiler Flue. It was originally one of the big, metal, square type ones, and now it is the smaller round type, with a plume extension. It is in exactly the same place, and installed as per gas safe register. Due to the boiler being located near an opening window, it must be >30cm away, hence the plume kit. This is what he terms as an "eyesore".

In his opinion this warrants him: taking action to remove the kit and disable my boiler without my consent or taking legal action to make me change my window or move the boiler internally. He says that I have had "the wrong boiler fitted". I have a similar "shall not alter the outside appearance clause". We have not really done this, we have just replaced the old with new and met current safety standards.

The second issue is with him personally intimidating and harassing myself and my girlfriend, so much so that she runs in and out of the flat and feels very unsafe in the flat. She was worried sick yesterday that he was going to try and come in and switch off the boiler, that she didn't come in until late and stayed out with friends. She has been brought to tears by letters and run ins with him previously (all which we thought would go away after we finished renovating). My worry is that I also work away, and that he will ha

The lady downstairs (also not white) said he made her first year in the block "a living hell" and harassed her almost every week. She is a single mum, holding down 4 separate nursing jobs and at the time had a lot of problems with contractors. She just paid up as much as she could (including interest he charged her!) to make him go away!

Frankly I am not standing for it. We have logged down things that have been said, but even after trying to sort things yesterday, amicably, he finished by saying "we'll sort this out, one way or another". In an aggressively veiled threatening way.
 
New regulations state that you can not have the boiler "inside", it has to be connected to an outside wall so resiting is difficult.

My new boiler was also a pig, I had a build an external house for the boiler as the boiler room was in the middle of the house which is no longer allowed to be renewed by a new boiler, only fixing an existing one.

The law states what you have to do, you have little choice but to have what you have. I don't see how this is classed as changing the exterior though as it is not a building of any type.
 
This is what we have argued. The only place the boiler could potentially go would be in our loft, which would necessitate re-piping the whole flat.

It is in EXACTLY the same place and exits EXACTLY the same place, is compliant with GasSafe. He just doesn't like it!

Now if he had been reasonable and not had a go to start with (after which I admit I did shout back), then I would have tried to come to an arrangement. We are going to sort the official management stuff out.

But when it comes to him implying that we are liars, loudly, raising up race, under my flat, to other residents, and my gf not being able to go out is unacceptable!
 
Just a thought, but could you paint the flu and extension pipe the same colour as the wall, to help it blend in? Not sure if these flu's get hot or not, but just an idea?
 
I don't think the flu is the real issue!
Racist comments and threatening behaviour is an issue for the police.

The flu issue is just a smoke screen for his behaviour. Don't pussy foot around him. Contact the police before it gets to boiling point!
 
Sounds a nasty piece of work. Just out of interest and purely for comparison purposes, does he have a flue?

As for entering your property I would be 99.99% certain he has no legal right whatsoever. Some "official" bodies do but head honcho of a property/leasehold management company - nah! Stand your ground and really sorry for the pain both you and the gf are feeling.
 
ronk said:
I don't think the flu is the real issue!
Racist comments and threatening behaviour is an issue for the police.

The flu issue is just a smoke screen for his behaviour. Don't pussy foot around him. Contact the police before it gets to boiling point!
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Having read this thread I agree. Sadly the issue is racism (especially given comments about the single mum) or some dislike for you for some reason that could be anything from noise you made renovating, your car, who knows what and it really isn't relevant, but the boiler is just a stick to beat you with and garner resident support.

As others have said log and diarise, take proper advise, insist on his request in writing stating exactly why it is wrong and what you are in breach of, but don't rise to anything.
 
Thanks guys. We've got the police coming over to interview us next week about the harassment stuff. I've tried to be nice and offered to meet halfway around the flue. We need new windows and the government energy scheme may help us. I think it's reasonable that we schedule in having them replaced and keep the committee appraised of the situation and timescales. Asking us to have it done now/straight away or disabling the boiler is unreasonable, in my opinion. I will go to the committee and ask to approach them all and not just him regarding the work.

My worry is that he will just switch on to something else (bikes, car noise etc.) after we do the harassment thing. The plumber we had do the work has also said he will stand up and say that the guy was very aggressive towards him on the phone. I will tell the police this and ask their advice.
 
For a start this bloke sounds like a right cock. I have done all the Hetas training for biomass boilers, wet and dry wood burners etc. I,m not gas qualified. But I know that flue systems are highly regulated these days. And are a very important part of the system. Given the rights tenants have these days, I doubt he has any right to do anything with the boiler. If he were to tamper with it and something happened to you, or somebody else in the building. He would definitely find him self in court, and prison shortly after.
 
The sad thing is that he has ruined our first home for us and made it frightening for my GF to back to each night. Which has consequently made me very angry.
 
I don't have any advice to offer but ive been following this and i just can't believe how some people are! Hope you get things sorted soon and this man get removed from a position hes clearly not fit to be in.
 
Wildfire said:
Thanks guys. We've got the police coming over to interview us next week about the harassment stuff. I've tried to be nice and offered to meet halfway around the flue. We need new windows and the government energy scheme may help us. I think it's reasonable that we schedule in having them replaced and keep the committee appraised of the situation and timescales. Asking us to have it done now/straight away or disabling the boiler is unreasonable, in my opinion. I will go to the committee and ask to approach them all and not just him regarding the work.

My worry is that he will just switch on to something else (bikes, car noise etc.) after we do the harassment thing. The plumber we had do the work has also said he will stand up and say that the guy was very aggressive towards him on the phone. I will tell the police this and ask their advice.
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Don't buckle and fit new window just because fascist Fred says you should!
Surely they will alter the appearance of your property?

Stand firm.
 
We do actually need new windows, as they are blooming and some of the hinges and seals have seen better days and we had someone booked to look at this next week anyway.

I'll still report him for harassment, distress and (even if it's unintentional) racial discrimination.

Thankfully the GF is away this weekend so he can't try and intimidate her any more.
 
How does replacing the windows help?

Unless you move them over, and can then remove the extension flu? However, as said, that would be altering the exterior of the building, and I'm no builder, but can a window just be moved? Lintels etc?

Your problem now is that whilst this guy is still about, will your gf ever feel safe? Do you really think the guy is a threat to her?
 
I would have thought that a visit from the police would go a long way towards making him realise that you are not going to tolerate his bigotry. Document and record everything. Serially report his behaviour to the police and above all do not become angry nor give any ground. The final retort is to invite your largest friends to visit on a regular basis and ensure that he appreciates their presence (without venturing beyond the law).
 
kevinmarkwhite said:
How does replacing the windows help?

Unless you move them over, and can then remove the extension flu? However, as said, that would be altering the exterior of the building, and I'm no builder, but can a window just be moved? Lintels etc?

Your problem now is that whilst this guy is still about, will your gf ever feel safe? Do you really think the guy is a threat to her?
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If the window is changed to a non-opening one, then the plume kit is not needed and can be removed.

It's not really about personal safety, more violation of a place that is our home. It's not nice to open a window and here someone talking about you, your partner or your home in the entry/exit way, to complete strangers. Also as he is quite aggressive, it is again not nice if you are accosted/shouted at/approached aggressively when trying to leave/enter your home. Especially when they threaten legal action and attempt to come at it from an "official" stand point to carry out the intimidation. If it was a straight physical threat, that can be dealt with.

We really are genuinely worried that he will cook up some sort of "emergency" or such like to get into the flat whilst we are away.

Old Flue


New Flue
 
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