Leaseholders unauthorised conversion/ conservatory

  • Filter
  • Time
  • Show
Clear All
new posts

    Leaseholders unauthorised conversion/ conservatory

    I'm the freeholder of 2 flats,
    one of the leaseholders is now selling their flat, they have been leaseholders from hell,

    About 15 years ago, they fitted windows and a door to a balcony area ( it had a flat roof over the entrance door,) to form a gallery / conservatory.

    the lease clearly states no alteration without consent,
    the gallery increases th area of the flat by 10%

    they are now selling the flat.

    I assume they need retrospective consent for the alterations

    can I charge a fee for the uplift / increase in value of say £5/6000 or does the statute of limitations apply.

    as there is a leek in the gallery I have told them on numerous occasion is am not responsible for the maintenance as they carried out the alteration s without my consent.

    They have recently sent me a LPE 1 questionnaire and paid my fee,
    can I refuse to answer the questionnaire until this issue has been resolved as I have read on this forum?

    As you have accepted payment, I think you have a contract to answer the LPE1, so I think your only option is to answer it truthfully, which would also send alarm bells to the buyer.

    Unfortunately, it is 11 years to late to go after them for the breach of planning control. (Did they get building control approval?)

    I don't see why you shouldn't charge for compensation if they ask for retrospective permission. The question would be whether the buyer's solicitor would insist on it.


      Do you live in one of the flats? How long have you been the Freeholder? When did you find out about the alterations?


        I don't live in the flat
        the works were done about 15 years ago,

        I said at the time you never asked for permission, they ignored me as they have done ever since they bought the flat, although theres always 2 sides to any story, I ve had 3 tenants in my flat and they have had 1 tenant in theres and all of the tenants have said im the best landlord they've ever had

        there has been a leak in the conservatory ever since they converted it.
        I have told them whenever their Tennant ( sub let again without permission ) complained to me about it that I'm not paying to fix a problem when you never had permission to do the work.

        I ve become an 'accidental' landlord in that I bought a flat that came with the freehold, then 20 years later I learned about section 20 notices etc, when the leaseholder refused to speak to me about re rendering the blown plaster on their part of the property.
        wish my solicitor had educated me when I bought it< I ve always tried to be reasonable and accommodating but the leaseholder has treated me with utter contempt like I'm a serf at their beck and call


          as the current Tennant is buying the flat from the leaseholders, she would like the leak fixed before purchase and she has asked her solicitor to ask for retrospective consent as part of the conveyancing process, which I think / hope may help my position?


            I think I might tell them to knock it down if they want to sell.


              the purchasers solicitors have asked the vendors to obtain retrospective consent.
              the vendors solicitors have replied saying they have made no alterations, only fitting widows to the gap between the wall and the ceiling on 2 sides and fitting a double door to the other opening

              any ideas?


                I think I said:

                Originally posted by JK0 View Post
                I think I might tell them to knock it down if they want to sell.


                  But if the solicitors exchange contracts and ignore my comments?


                    I don't think they will if they want a mortgage.


                      Cash buyer


                        Then point out to buyer's solicitor that you will still be denying consent to anyone they try to sell to one day who does need a mortgage.


                          4 months after replying to the LPE1 I today receive a letter from the current leaseholders solicitors asking for more detailed information and querying the reply given.
                          Can I charge a 'letter fee' for the reply.( it always takes an hour to compose a redraft a response)
                          also the solicitor is requesting copy invoices from the previous years service charge, am I correct in thinking the leaseholder is entitled to view them and copy them but I have no obligation to send their solicitors copies?


                            Why not? Solicitor will charge for one. Regarding invoices, I might take the view that that would be cooperating with sale. That is not an impression you want to give, is it?


                            Latest Activity


                            • RTM Director Conflict of Interest
                              I am a leaseholder of building with 87 flats. We created our own management company RTM company to manage our building. The process of creating the RTM was led by two leaseholders who then convinced 45 other leaseholders to become a member of that RTM company. They appointed themselves as...
                              21-10-2018, 08:35 AM
                            • Reply to RTM Director Conflict of Interest
                              I think what Gordon is trying to ask is whether there is anything in the lease that would allow the cost of concierge services to be charged to the service charge. It may say they must provide them, or it may say they may provide them. Otherwise, unless there is something else in the lease that could...
                              21-10-2018, 22:21 PM
                            • Reply to RTM Director Conflict of Interest
                              Does the Lease agreement say the"Lessor" or "Management Company" shall include concierge service ?
                              21-10-2018, 22:17 PM
                            • Reply to RTM Director Conflict of Interest
                              A managing agent is appointed to deal with the day to day matters and comply with the lease and legislation. The directors should be supervising the managing agent and in order to do so I suggest that they refer to the RICS management code of practice if they do not do so already.
                              21-10-2018, 14:31 PM
                            • Reply to RTM Director Conflict of Interest
                              I don't see any service levels in that contract!

                              I would be concerned that this was actually a contract of service, which would trigger all sorts of employee rights as well as PAYE.

                              "Including taxes" seems weird, unless Mr x is registered for VAT and it is a contract...
                              21-10-2018, 14:25 PM
                            • Reply to RTM Director Conflict of Interest
                              I would hope that the “concierge duty” is defined and a list of specific duties is contained within the contract.

                              I do not think that you are entitled to make the assumptions simply because the managing agent has failed to respond to your questions.

                              You do not say whether or...
                              21-10-2018, 13:57 PM
                            • Reply to RTM Director Conflict of Interest
                              Hi, all thank you very much for taking the time to reply,

                              The Concierge contract says "Contractor Service Level Agreement Concierge Service" in heading. It's a Legally binding agreement between Mr x (Concierge) and <my RTM company name> to carry out Concierge duty.
                              21-10-2018, 13:11 PM
                            • Reply to RTM Director Conflict of Interest
                              There is nothing wrong or unusual about a conflict of interest and it does not need to be referred to a meeting of members for approval. The Articles of Association will state whether or not a director is entitled to vote in a matter in which he has an interest. Ideally, he would abstain when a decision...
                              21-10-2018, 12:30 PM
                            • Returning Ground Rent
                              We (freeholders) made an application to court to determine a lease is in breach - currently waiting for a hearing date. In the meantime, the defendant sent us a cheque for ground rent which was not demanded. We intend to return the cheque but we are not sure what we should say in the covering letter....
                              19-10-2018, 14:23 PM
                            • Reply to Returning Ground Rent
                              Yes it would be useful to know what the alleged breach is.. it maybe something we see a lot of here where LH is late paying GR but FH adds on further n further admin charges (often where lease doesn't allow it anyway). The LH has a right to send cheques for GR or admin charges or service charges as...
                              21-10-2018, 12:08 PM