Leaseholders Asking to replace windows previously installed without permission

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    Leaseholders Asking to replace windows previously installed without permission

    Many years ago ( over 12 years) my leaseholders installed 2windows and double doors under a flat roof creating a porch / gallery in front of the front door of an upstairs flat.

    there has been a water leak in the porch ever since they fitted the windows which I have refused to contribute towards fixing as the area was previously open to the elements
    no prior request was made for permission to install the windows

    Last year they tried to sell the property and as part of the LPE 1 questionnaire I pointed out the unauthorized alterations and requested retrospective consent, requesting the leak to be fixed, a guarantee / indemnity for future leaks as I felt a new leaseholder would expect me to contribute to its maintenance
    i also requested a fee in respect of the uplift in property value.
    the prospective buyer, who was renting the flat from the leaseholder changed their minds and bought somewhere else.

    i have today recd an email asking for permission to replace the windows with new ones.

    my thoughts are either refusal, as I never gave permission in the first place, a fee for retrospective consent, increase in ground rent.?
    i believe the property could be unmortgageable due to the unauthorized conversion?
    by allowing replacement of the windows I think I’m giving retrospective consent?

    I agree. If you gave consent, but then strangely they weren't replaced, then who is to say whether they are the replacements you consented to, or the originals you didn't?


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