Freeholder loft conversion consent problem

[johndoe1]

Hi all,

I wonder if anyone can help.

I own a top floor flat which is share of freehold. I would like to do a loft conversion but would need consent from the rest of the freeholders. The 4 freeholders form a ltd company of which we are all directors.

It is likely that one of the freeholders is likely to refuse permission. Does majority rule in this instance, if only the 1 freeholder refuses permission, is it possible to still go ahead if the rest agree?

The other likely scenario, is that even if this troublesome freeholder somehow agrees, they are likely to ask for a unreasonably large compensation. If the 3 of us agree on an amount lower than that, again can that be pushed through due to the majority?

Thanks for any advice

[hollyhead]

Hi, why don't you offer to take over the responsibilities of repairing the whole of the roof ,when you purchase the "air". That might just pusuade them into being reasonable. I know I would agree! A roof that needs replacing is very costly.... Just my thoughts.
If one disagrees i don't think you can go ahead.
I think you need to get a local surveyor,(and you need to pay for it yourself) he can then advice you on all aspects of the project,including the premium you should be paying to the freehold company to compensate.

[leaseholdanswers]

Yes this is a majority decision and there is no in dependant means to settle the figure.

As Hollyhead has said your advisors will give you a value, and they will do the same, although it is normal that you meet those expenses too.

In addition to the suggestion of taking over the whole roof, as you home will be larger your service charge % will have to go up, and theirs down.

Don't forget that the lease of your flat will have to be varied to include the new area and responsibilities

[johndoe1]

Hi, why don't you offer to take over the responsibilities of repairing the whole of the roof ,when you purchase the "air". That might just pusuade them into being reasonable. I know I would agree! A roof that needs replacing is very costly.... Just my thoughts.
If one disagrees i don't think you can go ahead.
I think you need to get a local surveyor,(and you need to pay for it yourself) he can then advice you on all aspects of the project,including the premium you should be paying to the freehold company to compensate.

Thanks.
This guy is not very reasonable so I don't think even offering to take over the roof will help me. That's why I wanted the majority decision way. If only you lived in that flat instead of that ****!

Yes this is a majority decision and there is no in dependant means to settle the figure.

As Hollyhead has said your advisors will give you a value, and they will do the same, although it is normal that you meet those expenses too.

In addition to the suggestion of taking over the whole roof, as you home will be larger your service charge % will have to go up, and theirs down.

Don't forget that the lease of your flat will have to be varied to include the new area and responsibilities

Thanks.
This conflicts with what Hollyhead says. Are you saying that it should be majority decision on both my scenarios? i.e. the actual consent AND the compensation figure?

We don't actually have any service charges at the moment.

[bbva]

Who pays for building insurance if you don't have any service charges?

[ram]

There are no service charges !

Lets assume you say that you will take on the roof repairs, but you
fall on hard times, and cant pay, you are sued to fix the roof, you
have to sell flat as you have no money, cant sell your flat as the
water is pouring in, so who pays to fix the roof ?

The "objectional man" ? No wonder he may refuse if roof is the
responsibility of one man of unknown income.

Just a thought, not needing an answer.

[johndoe1]

There are no service charges !

Lets assume you say that you will take on the roof repairs, but you
fall on hard times, and cant pay, you are sued to fix the roof, you
have to sell flat as you have no money, cant sell your flat as the
water is pouring in, so who pays to fix the roof ?

The "objectional man" ? No wonder he may refuse if roof is the
responsibility of one man of unknown income.

Just a thought, not needing an answer.

Fair point, though that was not the reasons for objection.

[ram]

Fair point, though that was not the reasons for
objection.

you don't say if you already own the loft ?

You would have to purchase it from Freehold company.
The unreasonably large compensation could be that you have to purchase
the loft, lets say 50% of what you paid for the flat ?

Also, check for weak beams, but those should be checked by the
conversioners. ( is that a word ? )

And as said before, the freeholders are the 4 owners, and a
majority decision would be needed to sell, meaning that - for
arguments sake, if the freeholing company want £ 4000, you give
them that, and £ 1000 given back to each owner, or left in the
pot for unexpected repairs now, or in the future.