Alterations without consent

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    Alterations without consent

    Earlier this year we established that in 2009 l/h house was sold without us, as freeholders, receiving N/A. We contacted the l/h and sent a g/r demand together with a request for N/A to be served. The g/r was paid and, via the l/h's solicitor, an offer to purchase our f/h interest in the property was made in the sum of £150. The property is (was) a three bedroom detached house built by my late husband (sold originally for £4,000, purchased by present l/h for just over £400,000!) with a g/r of £15 p.a. The lease contains a clause restricting any extension beyond the existing building line "...nor any dwelling house building or erection which shall not as to the entirety thereof be in accordance with such plans and elevations as shall have been previously approved by the Lessor or his Surveyors". We now find that a large extension has been erected,original garage demolished and replaced and two extra bedrooms etc. added - all in all 43 s.m. of building work. The l/h made a false declaration on the planning application stating they were the sole owner of the land. I was just about to send a receipt for the g/r and return the N/A when this building work came to light so held back on sending it, but I am now being harassed by the l/h's solicitor to respond regarding the offer to purchase f/h and return of N/A. Having not had a situation like this before, I would be very grateful for any advice.

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  • Reply to Variation of lease
    by sgclacy
    A ground rent of £150 per annum increasing by 50% every 10 years until it reaches £3,844.33 with 2 years to go before it makes its first doubling would cost around £7,600 plus 0.33% of the value of the flat to have a statutory lease extension

    One of the difficulties in proposing any...
    13-08-2020, 01:08 AM
  • Variation of lease
    by scampicat
    I own a flat with a lease of 125 years starting from 2012. The ground rent is at present £150 pa, but increases as follows every ten years: £225... .£337.50.... 506.25.... 759.38.... 1139.06.... 1708.59.... 2562.89 ....3844.34. There are no more increases after eighty years. I am considering a variation...
    25-02-2020, 08:57 AM
  • Reply to FH forfeits and sells before 6 months window for relief?
    by sgclacy
    Once the Land Registry have closed the title and a new lease granted there is no redress for the lessee seeking relief from forfeiture

    The land registry will write to any party shown in the charges register and the tenant before closing the title - therefore illustrating the need to make...
    13-08-2020, 00:03 AM
  • FH forfeits and sells before 6 months window for relief?
    by Loque
    999yr Long lease commercial, lessee in breach, S146 served, S146 expires without being complied with, FH re-enters and changes locks.

    Now... LH can go to court to claim relief from forfeiture for the remediable breach, usually within 6 months or so. BUT lets say once FH has re-entered he...
    12-08-2020, 13:26 PM
  • Reply to RTM - Admin Fees Charged by Freeholder
    by Gordon999
    Its in section 98 of Commonhold &Leasehold Reform Act 2002.

    Where a person who is—

    (a)landlord under a long lease of the whole or any part of the premises, or

    (b)party to such a lease otherwise than as landlord or tenant,

    has functions in relation...
    12-08-2020, 22:27 PM
  • RTM - Admin Fees Charged by Freeholder
    by chris1544
    We have RTM in place for our two flat building. Recently the other leaseholder put in a request to the RTM company to install an air vent. I duly wrote to the freeholder, notifying them of our intention to grant approval for the works, giving them the statutory 30 days notice.

    They have...
    12-08-2020, 11:04 AM
  • Reply to RTM - Admin Fees Charged by Freeholder
    by Lorimer
    There isn't much case law on this but even when an RTM is in place and it is the RTM that is responsible for dealing with consents, I believe the freeholder CAN charge a reasonable admin fee simply for the freeholder's time in reviewing the consent application. This is because the RTM company cannot...
    12-08-2020, 20:33 PM
  • Reply to Late ground rent payment charge & legal fees no warnings
    by Stew
    sounds like a major win
    12-08-2020, 20:22 PM
  • Late ground rent payment charge & legal fees no warnings
    by KingstonBee
    Wonder if you can help... This week I have received a Court Claim form pack with what seems to include a ‘particulars of claim’ and ‘lease’ for ‘outstanding arrears of Ground rent and insurance’.

    Now this is a huge shock as I’ve not received any letters at all, no emails or phone...
    10-06-2020, 20:13 PM
  • Can I let this freehold indefinately ?
    by Boab
    Is there any reason why I cannot let a freehold flat on a two flat maisonette where there are two freeholders with a deed of covenant between the two to cover such issues as maintaining the property? There appears to be nothing in the covenant restricting renting my property out and it’s been done...
    10-08-2020, 06:12 AM
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