Consent to Alter

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    Consent to Alter

    Hi all,
    My partner and I own our flat share of freehold jointly with the owners of the flat upstairs. The lease has a covenant prohibiting alterations to the walls without landlord's consent, and this seems to cover both structural and non-structural. I understand that for major works a license to alter would be required, but if we wanted to build a cupboard under the stairs, which is within our demised premises, can we just get simple consent in writing from the co-freeholder or would this require a formal license to alter also?
    Thanks in advance!

    #2
    I think " the proposed cupboard under the stairs" ( within your demised property ) is not an "alteration" covered under the lease.

    Its a "removable partition", it is not an alteration.

    Comment


      #3
      Thanks, what do you mean by removable partition? The exact wording of the lease is:
      "Not without the Licence of the Lessor in writing first obtained to alter the elevations or cut maim or alter the main walls timbers or principal partitions of the Demised Premises or of any future buildings or additions to the Demised Premises to erect any new building thereon or carry out any operation or institute or continue any use of the Demised Premises or any addition thereto or any part thereof respectively for which permission is for the time being required under the Town and Country Planning Act 1947 or any Act or Acts for the time being amending or replacing the same."
      It seems like it would depend on the definition in the lease of main walls, timbers and principal partitions (though the lease has no definitions of these), is there a common definition somewhere?
      Thanks!

      Comment


        #4
        You are the Lessor, so to be on the safe side just email the other flat owner and ask if they are happy with your proposals.

        Bob's your uncle - you now have a licence to alter.

        Comment


          #5
          I do not see building a cupboard under the stairs as being covered by the clause quoted.

          Comment

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