Freeholder won't give retrospective consent

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  • jasoneden
    started a topic Freeholder won't give retrospective consent

    Freeholder won't give retrospective consent

    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,

  • vmart
    replied
    Hi all

    I wonder if anyone can help. Point below relevant to this thread.
    If a landlord accepts service charges (but not ground rent) following becoming aware of a breach have they waived their right to forfeiture?
    Best wishes

    Leave a comment:


  • Gordon999
    replied
    I think Playnotwork has paid a fee to buy the freehold title from the Managing agent. ) post no.8 )

    I hope he has some documentation to show he has paid and there is still formality of transferring the freehold title to PNW or to his buyer .

    The freehold title is registered in name of current freeholder at Land Registry and its not something like a book which you buy and get sent to you by post.

    .

    Leave a comment:


  • wfd_property
    replied
    Originally posted by Playnotwork View Post
    Evening.

    Could somebody please explain Jeffery's last post.
    I am unfortunatly in a similar position. House being sold, no consent for conservatory and freeholder was contacted 8 years ago so cannot take out indemnity insurance. Wondering if i can use anything Jeffery has stated.
    Thought a way round it was to buy the freehold, have but freeholder in no rush to complete


    Cheers
    Jeffrey Shaw is available for (paid for) telephone advice. Phone him on 0114 268 7638 and briefly explain the area you need a conversation about. He will then suggest an amount, give you bank details, you pay, you then have the in depth conversation, and then he will give a summary of the conversation by email.

    Leave a comment:


  • Playnotwork
    replied
    As i had contact for consent with the freeholder, is it correct that i cannot take out indemnity. If he does not know about the conservatory can i take out indemnity, is there a time between contact and no action for indemnity.
    Appreciated

    Leave a comment:


  • leaseholder64
    replied
    Unfortunately that means that they can seek to forfeit your lease. If they knew of the breach, but still accepted payments, they would have waived the breach.

    Leave a comment:


  • Playnotwork
    replied
    We have had no contact for the last eight years. They collect the rent by standing order and dont recieve a reciept. When buying the freehold we never mentioned a breech of contract or asked for retrospective permission. Thought it would be easier to buy the freehold, but it is takibg forever and cannkt tell them why we need the freehold quickly.

    Leave a comment:


  • Playnotwork
    replied
    Never inspected.

    Leave a comment:


  • Lawcruncher
    replied
    Originally posted by Playnotwork View Post
    Not sure if he knows of the breach ie conservatory being built
    When did the landlord or his agent last inspect?

    Leave a comment:


  • Playnotwork
    replied
    Lawcruncher,

    Rent accepted every 6 months for 8 years

    Not sure if he knows of the breach ie conservatory being built

    Leave a comment:


  • Playnotwork
    replied
    Gordon999,

    long lease 950 Yrs

    Leave a comment:


  • Playnotwork
    replied
    The leaseholder was contacted 8 years ago and consent to build sought. The management company indicated a fee of £1500 pound was payable and surveyors and solicitors fee would be additional or I could purchase the lease for £1800.
    In the lease it does say that any alteration require consent but does not state a fee payable.

    I went down the tribunal route and they found in my favour. No fee payable and no need for alterations listed and if so not at my expense.
    On contacting the management company they insisted that there needs to be formal documentation at my expense and did not provide written consent.
    At this point the builders were booked in and rather foolishly, I had the conservatory built.
    Ground rent paid for the next 8 years and all good.

    This is until I come to sell and conveyancer asks for any problems that could arise when selling the house. I mention the above and they advise to buy freehold.
    Management company contacted, fee agreed, monies paid and now waiting for freehold to arrive.
    House sells, cash buyer but the problem of no consent to build on conservatory pops up.

    Still awaiting freehold and the buyer is moving back from Spain next week and wants to move in. Their solicitor is advising not to purchase without consent.

    Management company contacted regularly but appear to be in no rush and no indication of when the freehold will arrive.
    Worried going to lose sale.
    Any ideas appreciated

    Leave a comment:


  • Lawcruncher
    replied
    When you say the freeholder was contacted 8 years ago was that before or after the works were carried out?

    Whatever the answer to that question, has rent been accepted at any time after the landlord got to know about the extension?

    Leave a comment:


  • Gordon999
    replied
    Playnotwork,

    If you are leaseholder of a leasehold house,the way out is to buy the freehold title. How many years remaining under your lease ?

    You can download the free guide to buying the freehold title under the 1967 Act from LEASE ( www,lease-advice.org )

    The Guardian or Telegraph newspaper on 21 Dec 2017 reported the Govt plans to terminate leasehold houses . Try google search .

    Leave a comment:


  • Playnotwork
    replied
    Evening.

    Could somebody please explain Jeffery's last post.
    I am unfortunatly in a similar position. House being sold, no consent for conservatory and freeholder was contacted 8 years ago so cannot take out indemnity insurance. Wondering if i can use anything Jeffery has stated.
    Thought a way round it was to buy the freehold, have but freeholder in no rush to complete


    Cheers

    Leave a comment:

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