Freeholder won't give retrospective consent

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  • jeffrey
    replied
    Originally posted by Poppy View Post
    Has your freeholder showed any sign of making you revert to the original condition? If not, there might not be a problem.

    It is my understanding that the person who will be the insured (if that's the way things progress) is the prospective buyer, not you. You're selling and that will be the end of your responsibility.

    At the end of the day, it is up to your prospective buyer to decide whether they want to take on the risk that at some point in the future the freeholder may try to make them reinstate the flat to its original condition. The ball is back in the prospective buyer's court.

    At this point, there is not much else that you can do.
    There are a few other techniques to unblock the problem.
    If anyone needs to know - I have already explained to Jason - refer to Limitation Act 1980(12 yr rule for one-off breach) and s.45(2) of Law of Property Act 1925 (clear ground rent receipt).

    Leave a comment:


  • Poppy
    replied
    Has your freeholder showed any sign of making you revert to the original condition? If not, there might not be a problem.

    It is my understanding that the person who will be the insured (if that's the way things progress) is the prospective buyer, not you. You're selling and that will be the end of your responsibility.

    At the end of the day, it is up to your prospective buyer to decide whether they want to take on the risk that at some point in the future the freeholder may try to make them reinstate the flat to its original condition. The ball is back in the prospective buyer's court.

    At this point, there is not much else that you can do.

    Leave a comment:


  • jeffrey
    replied
    Originally posted by jasoneden View Post
    Hi,
    I was wondering whether I could get some advice on the following subject please?

    I bought a leasehold flat eight years ago. At the time I just got a basic valuation done and no survey. When I purchased the flat, it had a set of french doors already built in the main bedroom. I am now selling my flat and the buyers' surveyor noticed that the french doors aren't original and asked for proof of the freeholder's agreement, which I didn't have.

    My freeholder, who has never seen my flat and charges me £25 ground rent every six months, has said that he won't agree to the french doors.

    My solicitor said that I needed to get indemnity insurance and my freeholder's signed agreement allowing the french doors. My original solicitor who I used 8 years ago said that all I needed was to get indemnity insurance for about £40 and that would have covered the situation. My current solicitor has disagreed, after trying to tell me that they didn't advise me to tell my freeholder and get indemnity insurance. They have since admitted that they told me to do both, but their reason was that as I can contact my freeholder I wouldn't have been able to get the insurance anyway!

    Could you give me any advice please, as I feel it isn't fair that something that happened before I bought the flat can risk my sale and cost me thousands of pounds!

    Thanks,
    I agree that asking for L's consent scuppers getting indemnity insurance.

    How long ago were french doors installed? Depending on covenant wording, enough time elapsing (>12 yrs) may protect you from L, as might clear ground rent receipt.

    If you like, send private message with your tel. no. and I'll call you tomorrow a.m.

    Leave a comment:

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