Myself and a fellow leaseholder recently acquired the RTM of our building. A converted Victorian terrace with 4 flats and separate shop to the front. We are the two directors of the RTM company.
I own the ground floor flat, which has a garden office. I would like to extend the garden office / build another building beside it.
We obviously need to get a license to alter for this.
My understanding is that the RTM has the power to agree alterations, and then give the freeholder a notice period of 30days to raise any objections they may have as set out on the Leasehold Advisory Service information below
The right for leaseholders of a building containing flats to take over the management of the building. For a brief summary see the Right to Manage fact sheet. APPROVALS
Most leases contain provisions requiring the consent of the landlord to certain actions by the leaseholder; these can include sub-letting, assigning the lease and making alterations to the flat. The power to issue such approvals passes to the RTM company, although the company must keep the landlord informed. Before granting any such approval, the RTM company must give notice to the landlord:
The RTM company does not require the specific consent of the landlord, and if he does nothing, the company may grant the approval. Where the landlord objects, consent may not be granted until the landlord withdraws his objection, or the matter is decided by the First-tier Tribunal (Property Chamber). Where the landlord wishes to object, he must do so by notice to the RTM company and to the leaseholder concerned (and, if the case concerns a sub-letting, to the sub-tenant). Applications to the Tribunal may be made by any of the parties.
I have discussed this with our newly appointed managing agents who have responded with something different to this saying thier understanding is that the RTM deals with the block building but as my garden office is a separate building on the Freeholders land you would need permissions from them to extend this so If you have obtained this permission from the Freeholder then you can go ahead with your plans.
I understand this to be incorrect.
Our lease has the usual clause saying any consent for alterations is not to be unreasonably withheld.
As this is a standalone new building, I don't see how there can be any grounds for refusal.
Any help on the above would be greatly appreciated.
I own the ground floor flat, which has a garden office. I would like to extend the garden office / build another building beside it.
We obviously need to get a license to alter for this.
My understanding is that the RTM has the power to agree alterations, and then give the freeholder a notice period of 30days to raise any objections they may have as set out on the Leasehold Advisory Service information below
The right for leaseholders of a building containing flats to take over the management of the building. For a brief summary see the Right to Manage fact sheet. APPROVALS
Most leases contain provisions requiring the consent of the landlord to certain actions by the leaseholder; these can include sub-letting, assigning the lease and making alterations to the flat. The power to issue such approvals passes to the RTM company, although the company must keep the landlord informed. Before granting any such approval, the RTM company must give notice to the landlord:
- for approvals relating to assignment, sub-letting, placing a charge on the unit, parting with possession, making structural alterations or improvements or changing the use of the unit, the RTM company must give 30 days’ notice.
- for all other approvals, 14 days’ notice.
The RTM company does not require the specific consent of the landlord, and if he does nothing, the company may grant the approval. Where the landlord objects, consent may not be granted until the landlord withdraws his objection, or the matter is decided by the First-tier Tribunal (Property Chamber). Where the landlord wishes to object, he must do so by notice to the RTM company and to the leaseholder concerned (and, if the case concerns a sub-letting, to the sub-tenant). Applications to the Tribunal may be made by any of the parties.
I have discussed this with our newly appointed managing agents who have responded with something different to this saying thier understanding is that the RTM deals with the block building but as my garden office is a separate building on the Freeholders land you would need permissions from them to extend this so If you have obtained this permission from the Freeholder then you can go ahead with your plans.
I understand this to be incorrect.
Our lease has the usual clause saying any consent for alterations is not to be unreasonably withheld.
As this is a standalone new building, I don't see how there can be any grounds for refusal.
Any help on the above would be greatly appreciated.
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