License to Alter vs Deed of Variation for Extension to Ground Floor Flat

[Julita]

Hi, we own a grand floor flat and are planning to do a rear extension within our demise. It is a share of freehold. I have two questions:

1) we are finalising a licence to alter - do we also need a deed of variation of lease?

2) with regards to LTA, do I need all leaseholders to approve my works or given landlord is a LTD company, my works can get approved by a majority vote during a directors’ meeting? The current lease doesn’t specifically mention how the voting works and what the rules are so I’m assuming corporate law applies here?).

thank you in advance for any suggestions.

[L4NDLORD]

I would imagine that even if you own a share in the freehold you hold the flat under a lease. Many things can be varied under a Deed of Variation, ie the rent, the term, the repairing covenants. The amount of land lt by the lease can be reduced if the variation takes the form of a deed of surrender of part, but the one thing you cant lawfully do is increase the amount of land held by way of deed of variation; at least that is my understanding of the law after 33 years experience. Hence what you would need to avoid the possibility of a problem when you come to sell is a supplementary lease, or for this bit of land to be conveyed to you freehold (not ideal, but would do) The Licence to Alter does exactly what it says , it permits you to alter, but it doesnt grant you exclusive title of the land into which you want to build. I believe that the LTA can be executed by Director and Secretary or Director if te execution is duly witnesed in accordance with Land Registry Practice guide 9