Absent freeholder: Loft conversion

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  • Absent freeholder: Loft conversion

    Hi,

    I'm hoping someone can help me with my query regarding our neighbour carrying out a loft conversion.

    We have a 999yr lease on our Gf Masonette. The only other flat in the property is the FF who are wanting to carry out a loft conversion in 2 weeks time (they have already been granted planning permision). We have an absent freeholder and have been indemnified for this on purchase.

    Please can someone help me to know:-

    1) would the FF need our permission to go ahead with the conversion? The loft space and roof is demised to FF.

    2) As the FF is proceeding without the Freeholders permission, does this have an impact on our flat?

    3)Although FF will need building reg sign off, how do we know they are carrying out changes with the best interest of the building and that will have no impact on us?

    4) FF have said we do not need a party wall agreement however I disagree as is our ceiling not a party structure and therefore covered by the act? I'm worried that should a crack appear and affect our property, we will have nothing to cover us?

    5) Is the FF allowed to just say she is starting in 2 weeks time?

    6)Scaffolding will be on our land. Surely she needs our permision?

    I would aprpeciate your help. I want to be amicable with our neigbour so would appreciate as much guidance as possible.

    Thanks

Latest Activity

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  • E&M Proxima GR - 'Administrative Fee' Request
    Doback
    Hi all,

    Recently Recieved the following letter from E&M Ltd.:


    ["We act as agents for Proxima GR Properties Limited.
    Our records indicate that the above property is being sublet/let or will be sublet/let shortly.

    Please complete and return...
    27-07-2017, 17:27 PM
  • Reply to E&M Proxima GR - 'Administrative Fee' Request
    MrSoffit
    I deserve a thrashing. The clause makes no sense to me. Here's wot mine says...

    ""Not at any time during the term separately to assign transfer or part with possession or occupation of any part or parts of the demised premises but only to assign transfer or part with possession...
    27-07-2017, 20:39 PM
  • Reply to E&M Proxima GR - 'Administrative Fee' Request
    Doback
    Thanks for your replies.

    Not to assign transfer charge underlet or part with possession of part only of the Property .

    I think we are interpreting this part differently. To me it says not to do the above to part of the property. I.e. sell or sublet or transfer part of the property....
    27-07-2017, 20:15 PM
  • Reply to E&M Proxima GR - 'Administrative Fee' Request
    MrSoffit
    Hi again,

    Consents are applied for by the lessee. If the lease provides no opportunity to apply for a particular consent, the lessee has no right to apply. Hence, blanket prohibition. Leases are interpreted as being intended by the freeholder.

    A deed of variation is an addendum...
    27-07-2017, 19:59 PM
  • Reply to E&M Proxima GR - 'Administrative Fee' Request
    Doback
    As the current freeholder is not the vendor would this mean that the clause doesn't apply to them?


    And would
    '["Disposals of Part
    1. Not to assign transfer charge underlet or part with possession of part only of the Property and during the last seven years of the said term
    ...
    27-07-2017, 19:36 PM
  • Reply to E&M Proxima GR - 'Administrative Fee' Request
    Doback
    1) I had seen the decision 'HOLDING AND MANAGEMENT (SOLITAIRE) LIMITED vs CHERRY LILIAN NORTON' and was going to use it as a last resort. My thinking was my lease didn't give them the right to ask for consent (apart from in the last 7 years)?



    2)[" 'If your lease says...
    27-07-2017, 19:31 PM
  • Reply to E&M Proxima GR - 'Administrative Fee' Request
    MrSoffit
    I think that "Vendor" usage is a typo? Yes the freeholder originally sold the lease to the first lessee. He didn't assign it on to you. Otherwise you'd be getting consent from the lessee who "Vended"(?) to you.

    Methinks it ought to say "Lessor" or landlord....
    27-07-2017, 19:18 PM
  • Reply to E&M Proxima GR - 'Administrative Fee' Request
    MrSoffit
    I think this is where Admin will strike. Probably would have anyway....
    27-07-2017, 19:13 PM
  • Reply to E&M Proxima GR - 'Administrative Fee' Request
    Doback
    Thanks for the reply

    I tried to edit the original post according to your advice but am unable to. I also tried to delete it in order to repost an edited version, I can't find a way to do that either. Perhaps forum admin could help?
    27-07-2017, 19:09 PM
  • Reply to E&M Proxima GR - 'Administrative Fee' Request
    MrSoffit
    Hi again,

    Seems your landlord/agents have not read the binding (case law) Upper Tribunal decision regarding subletting consent fees:

    HOLDING AND MANAGEMENT (SOLITAIRE) LIMITED vs CHERRY LILIAN NORTON

    Quote: "a fee greater than £40 plus VAT could not be justified"...
    27-07-2017, 19:09 PM
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