Is freeholder consent enforecable for works before they became the freeholder

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    #1

    Is freeholder consent enforecable for works before they became the freeholder

    Hi all. I can't find the answer to this anywhere. Can a new freeholder take enforecement action for something done before they purchased the freehold?

    The previous leaseholder of my flat made alterations in 2011. It is my understanding that the freeholder at the time wasn't easily contactable but there was/is a management company as party to the lease and the leaseholder got the management company's consent for the works (a side return extention internal layout change). I bought the flat in 2013. In 2014 the old (hard to contact) freeholder sold the freehold to a big property company and they have owned it since. In 2017 I extended my lease through the statutory process and this included the freeholder getting their own valuation done. We agreed a price with me paying their legal and valuation fees as expected.

    I'm now in the process of selling my flat and the buyers solicitor is getting very agitated that there isn't a freeholder's consent for the works and just the management company consent. So we may have to pay for an indemnity insurance. I'm certainly not asking the new freeholder for consent as I know they charged another leaseholder about £1,000 in legal fees for consent to planned building work a couple of years ago.

    My question is, could they take enforecement action or is it not allowed as this work was done before they aquired the freehold. Plus from doing a valuation of the flat in its current state as part of the lease extention is than an implicit consent for the works as no objection was raised then.

    Many thanks
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    #2
    Your solicitor should have pointed out that a lease extension is a 'surrender & re-grant'. So your lease now includes the extension. (Buyer's solicitor probably already knows this, and I suspect this is a bargaining tool to get the price down.)
    To save them chiming in, JPKeates, Theartfullodger, Boletus, Mindthegap, Macromia, Holy Cow & Ted.E.Bear think the opposite of me on almost every subject.
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      #3
      Originally posted by JK0 View Post
      Your solicitor should have pointed out that a lease extension is a 'surrender & re-grant'. So your lease now includes the extension.
      Exactly. The old lease is now a dead letter. When the new lease was granted all the covenants are applicable only from the commencement date.

      Originally posted by JK0 View Post
      Y(Buyer's solicitor probably already knows this, and I suspect this is a bargaining tool to get the price down.)
      More likely he has "forgotten" the law - as it seems your solicitor has.
      • 1 like

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        #4
        Thanks very much both of you

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