License to alter

  • Filter
  • Time
  • Show
Clear All
new posts

    License to alter

    I own a leasehold flat in london and are looking to do some internal modifications which are
    1. relocating what we believe to be non structural walls
    2. creating an opening/door in what we believe possibly might be a structural wall
    3. there are existing window frames on the side of the building that are either fully bricked or partially bricked leaving smaller windows. We desire to reinstate them to their original state

    we have employed an architect to sketch the plans and help with the local authority but where we are confused is the process by which to get consent from the freeholder.
    my lease states “not at any times to injure , cut, any of the walls timbers or roof or ceiling to the flat or alter the plan layout save that the lesse may make non structural alterations to the flat after having obtained consent from the lessor in writing without being unreasonably withheld or delayed.”

    we emailed him three weeks ago and get very vague/ poor responses and generally feel he is just trying to ignore or delay us. We are keen to start work by September . What is the process for obtaining consent given he’s not being very timely? If we email with plans and structural surveyor reports and he doesn’t respond for a month can we crack on?

    also my research is giving me mixed responses as to the windows. Some deem it non structural as they are bricked within an existing frame , and in the lease it states I responsible for the window frame and glass within, but other s suggest that it’s structural. The other quirk is that in order to restore the window , we will need to put up scaffolding on the land demised as my aggressive neighbor downstairs, entrance (not common areas).

    very confused . Any help would be appreciated !

    This is your situation : Your confused because you don't understand the leasehold system.

    You own a lease of a flat and you are the leaseholder which means you are the long term tenant ( as opposed to a monthly paying tenant ) .

    The legal owner of flat is the freeholder and you are wanting to alter his property.

    Your lease states you cannot change the layout of the flat or remove any walls. You can make minor alterations inside your flat subject to getting consent.

    If you want to change the flat substantially, then make an offer to buy the freehold.


    Latest Activity


    • I've breached my lease
      by pcuk1979
      Hi there. I hope someone can help me because I have been frantic with worry for 3 days now. This is a bit long!

      I bought a leasehold flat in July 2014. Since I've been here, I have done everything to it to bring it up to a modern acceptable standard. Note that the floorpan of the property...
      12-07-2020, 14:00 PM
    • Reply to I've breached my lease
      by sid1956
      First of all, you should not be stating or implying to anyone, least of all your landlord, that you have breached the lease. An admission of a breach saves the landlord the trouble of having to determine that a breach has occurred and has no benefit whatsoever to you.

      From your description...
      12-07-2020, 21:15 PM
    • Leaseholder refuses to pay into our bank account !?!?
      by rfph1
      Ok, the situation is this...

      I am a director of the freehold management company for a small block of flats (other directors being leaseholders like myself).

      Earlier this year we had some banking issues and changed from one of the big high street banks to an on-line bank....
      10-07-2020, 17:36 PM
    • Reply to Leaseholder refuses to pay into our bank account !?!?
      by rfph1
      thank you - the clarification on the need to accept cask is appreciated.

      I'm aware that Tide has issues, but so to did out high street bank (complaint made to financial ombudsman pending)
      12-07-2020, 18:40 PM
    • Reply to I've breached my lease
      by pcuk1979
      Here's some more

      Comply with and observes such regulations as the Council may from time to time make for the benefit of the owners and occupiers of the said flats and in particular but without prejudice to the foregoing to comply with the regulations made at the date hereof and set out...
      12-07-2020, 15:58 PM
    • Reply to I've breached my lease
      by Macromia
      For a start:
      1. Any clause that says that you have to keep floors carpeted, or can't have wooden floors.
      2. Any clause that states that you need inform the freeholder, and/or get freeholder's permission, for non structural alterations.
      3. Any clause that requires you not to do anything...
      12-07-2020, 15:24 PM
    • Reply to I've breached my lease
      by pcuk1979
      I thought that ground floors only were allowed wooden floors.

      And you're right, if I was in my buyer's shoes, I would hate the guy who sold them a flat with clearly weakened soundproofing qualities. I mean, it wasn't great anyway, but it was liveable.

      What clauses should I...
      12-07-2020, 15:04 PM
    • Reply to I've breached my lease
      by Macromia
      Rather than withdrawing from the sale, you could just inform the buyers solicitor that you initially answered these questions thinking that they referred only to structural changes, but would like to inform them of the work that you have done.
      It will then be up to the buyer whether they continue...
      12-07-2020, 15:03 PM
    • Reply to I've breached my lease
      by pcuk1979
      I also have no Building Regulations certificates, even though I may have decreased the acoustic and thermal properties of the building.
      12-07-2020, 15:00 PM
    • Reply to I've breached my lease
      by Macromia
      Nothing that you have said that you have done to your flat seems to breach the lease clauses that you have quoted - but that doesn't mean that you have breached clauses that you haven't quoted as you clearly haven't quoted all potentially relevant clauses in full.

      It sounds more like the...
      12-07-2020, 14:59 PM