Retrospective Permission vs Indemnity Insurance: Stud Wall Removal

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    #16
    You would inform the prospective buyer that you removed the stud wall and you have a structural engineer's report to confirm it is not load bearing and therefore, not a structural alteration.

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      #17
      Originally posted by TripleHelix View Post

      As in, as part of the least extension?
      No! When if you tried to sell again without a new lease.
      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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        #18
        I think the mistake you made was drawing attention to the wall, maybe start again.
        YEs in theory a buyer could potentially sue for any theoretical future losses but......

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          #19

          #10 above 'If you get a new lease it is of the premises as they are at the start of the lease. The old lease becomes a dead letter and is completely replaced by the new lease. You cannot be sued under the new lease because you will not have made the alteration after the new lease was granted - though in theory the new lease could contain deeming provisions which provide to the contrary.'

          Does the above still apply where the new lease includes all of the terms of the original lease? Thank you.


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            #20
            Yes. The only possible problem for the o/p is proving that any changes were made before the new lease. That's why I suggest having the freeholder's surveyor inspect before the new lease is bought.
            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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              #21
              Thank you JKO for your reply.

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                #22
                I don't think a lease extension is the solution as the freeholder could still sue for breach, you would simply have a defence.
                In any sale it's clear cut they would ask have you made any alterations and did you get consent - and you would have to answer yes and no
                Or be economical with the truth

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                  #23
                  Originally posted by vmart View Post
                  #10 above 'If you get a new lease it is of the premises as they are at the start of the lease. The old lease becomes a dead letter and is completely replaced by the new lease. You cannot be sued under the new lease because you will not have made the alteration after the new lease was granted - though in theory the new lease could contain deeming provisions which provide to the contrary.'

                  Does the above still apply where the new lease includes all of the terms of the original lease? Thank you.
                  Yes it does. The fact that the terms are the same is immaterial.

                  There should be no argument about when the extension was done if the OP has the builder's account or other written evidence when the work was carried out.

                  An extension is something of a last resort. As I said above, I think it is worth having another go at a sale.

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                    #24
                    Thank you Lawcruncher.

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