Need licence/consent from freeholder for installing new boiler?

[AndrewDod]

hhy,

Why did they have to pay a solicitor or bailiff to receive your application. There was no other cost of them receiving it. So no.

[SouthernDave]

This is very interesting. We are just about to complete on a large 1 bed flat. I want to turn it into a 2 bed flat but the lease states that freeholder permission must be sought. It doesn’t mention any fees payable.
when going into the website, they state that they charge £250 just to consider the request.
reading some of these posts, does it mean that this £250 is not legally chargeable? Because it doesn’t note any charges on the lease?
(sorry to hijack a post!)

[AndrewDod]

This is very interesting. We are just about to complete on a large 1 bed flat. I want to turn it into a 2 bed flat but the lease states that freeholder permission must be sought. It doesn’t mention any fees payable.
when going into the website, they state that they charge £250 just to consider the request.
reading some of these posts, does it mean that this £250 is not legally chargeable? Because it doesn’t note any charges on the lease?
(sorry to hijack a post!)

Well that is a whole different ballgame. Here they can charge a full wack for surveyors, structural engineers and might well refuse altogether. You cover all actual costs (in contrast to this OPs issue where there are no discernible costs)

[SouthernDave]

Well that is a whole different ballgame. Here they can charge a full wack for surveyors, structural engineers and might well refuse altogether. You cover all actual costs (in contrast to this OPs issue where there are no discernible costs)

Is that right though? Freeholder could charge surveyors fees for the OP situation by what you’ve just said there.

[AndrewDod]

Yes but the freeholder did not engage a surveyor in the OPs case, or at least if they did they would have a hard time making a case for doing so based on an enquiry about a boiler.

Nobody but you is going to bear actual legitimate costs - certainly not the FH or other lessees.

[Anna1985]

SouthernDave , you are talking about changing fabric of the building - the freeholder has a right to tell you no, so you need to convince him to tell yes.

In the case of OP - he is replacing old fridge for new fridge, if there are no changes to the fabric of the building i.e. new flue - nothing to do with the freeholder.

[SouthernDave]

I’m not sure I see why these two things are different. But ok.

[Lawcruncher]

"To pay to the Company on an indemnity basis all costs fees charges disbursements and expenses (including without prejudice to the generality of the foregoing those payable to counsel solicitors surveyors and bailiffs) incurred by the Company in relation or incidental to:-

1. every application made by the Purchaser for a consent or licence required or made necessary by provisions of this Lease whether the same be granted or refused proffered subject to any qualification or condition or whether the application be withdrawn

You only need to make one application, not an application to see if you need to make an application and then another application.

An alteration is only structural if it affects the structure, which can be taken to be the parts which support it and enclose it. It includes the foundations, external and load bearing walls, roof, beams, lintels and floors. Non-structural parts include any of the following which are non-load-bearing: windows, doors, internal walls and the fixtures and fittings. If the installation of the new system does not affect the structure then the alteration is not structural.

"Layout" is a wide word. It is arguable that here it means the layout of the rooms, rather than including fixtures and fittings. If the intention was to refer to appliances such as those that heat water it would surely have been made clear. If the repairing obligations imposed on the tenant include an obligation to keep the fixtures and fittings in repair, then whatever the lease says about consent for alterations does not apply because a tenant does not need the landlord's consent to carry out his obligations.

[Lawcruncher]

This is very interesting. We are just about to complete on a large 1 bed flat. I want to turn it into a 2 bed flat but the lease states that freeholder permission must be sought. It doesn’t mention any fees payable.
when going into the website, they state that they charge £250 just to consider the request.
reading some of these posts, does it mean that this £250 is not legally chargeable? Because it doesn’t note any charges on the lease?
(sorry to hijack a post!)

See post 23.

A landlord can recover some expenses. Chapter and verse is section 19(2) of the Landlord and Tenant Act 1927:

In all leases whether made before or after the commencement of this Act containing a covenant condition or agreement against the making of improvements without a licence or consent, such covenant condition or agreement shall be deemed, notwithstanding any express provision to the contrary, to be subject to a proviso that such licence or consent is not to be unreasonably withheld; but this proviso does not preclude the right to require as a condition of such licence or consent the payment of a reasonable sum in respect of any damage to or diminution in the value of the premises or any neighbouring premises belonging to the landlord, and of any legal or other expenses properly incurred in connection with such licence or consent nor, in the case of an improvement which does not add to the letting value of the holding, does it preclude the right to require as a condition of such licence or consent, where such a requirement would be reasonable, an undertaking on the part of the tenant to reinstate the premises in the condition in which they were before the improvement was executed.

[Tipper]

I suggest you put the new boiler in.

The fact that it is a combi is irrelevant, it's a 'gas fired boiler' and will be using the same flue exit.

You could just leave the redundant tank sitting unused, that way there is no modification.

.

[hhy]

Thanks to everyone for the advice. I will go ahead and put the new boiler in.