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 collective enfranchisement
    by flyingfreehold
    at risk of answering my own question, the leaseholder has to prove title which is a bit difficult if not registered........
    21-05-2022, 21:23 PM
  • collective enfranchisement
    by flyingfreehold
    Does a leaseholder have to be a registered proprietor to join a collective? Or is it sufficient for her/his/it to be a transferee whose interest is not yet registered?
    21-05-2022, 18:51 PM
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    by scot22
    It is relatively simple to administer process. However, definitely engage professional to define necessary work and project manage.

    If I can, anybody can.
    21-05-2022, 20:19 PM
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    by RichA
    Hi. I have a freehold after selling a leasehold flat in a block of 4 flats. We don't currently have a managing agent, so these duties currently fall to me (I am holding off appointing a managing agent whilst the leaseholders consider whether they want to RTM).

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    21-05-2022, 17:20 PM
  • Reply to collective enfranchisement
    by Tipper
    Ask lease-advice.org
    21-05-2022, 18:59 PM
  • Reply to Levy
    by scot22
    Thanks Gordon. There was no info other than amount and invoice which explained nothing !
    21-05-2022, 17:16 PM
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    by Macromia
    They are correct that the purchase of the freehold has no relevance (although it would allow the three of you to alter the leases if you are all in agreement).

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    21-05-2022, 17:14 PM
  • Reply to Changes to lease wording
    by Lawcruncher
    If the leases are going to be for 999 years there is not a lot of point imposing a restriction in such terms. It is also open to interpretation. You have to decide first if you are going to allow subletting at all. That has to depend on what people want. If any owner already sublets then you cannot...
    21-05-2022, 17:09 PM
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    by bigalxyz
    In the process of buying freehold for our building. 9 participants (from 11 flats).

    Our solicitor will extend leases to 999 years for an additional fee if we want to. She has asked, as part of that extension process:

    “Are there any amendments that you are seeking to make...
    14-05-2022, 12:27 PM
  • Reply to Levy
    by Macromia
    ...And it still going to depend on what it is for (and on what your lease allows to be charged for, and when.

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