Can a letter replace a DOV?

  • Filter
  • Time
  • Show
Clear All
new posts

    Can a letter replace a DOV?

    I am the freeholder of a converted house (3 Flats, I live in one). One of the Lessee's decided to undertake building works without my knowledge or approval, in contravention of the Lease. That was three years ago - now she wants to sell her Flat. I have pointed out to her Solicitor that the Lease is defective in that it shows a wall which no longer exists and that the Freeholder's permission was not obtained for it's removal.

    The Solicitor basically says 'Not to worry, here's a draft letter saying that you have approved the works - sign it and send it back and all will be ok'. On the other hand, I have read that the only way to fix this situation is to sign a Deed of Variation - there are some in place for the Lease already, so I can see they are substantial documents.

    Should I insist on the DOV, or is a letter ok? - Many thanks.

    Depends what you want to do.

    What you should do is insist that the wall be rebuilt, asit was there
    for a reason, andshecan't just go and demolish walls without permission.

    You want the cost of replacing the wall and all other work associated
    with the reinstatement.

    BE CAREFULL, as once you waive the right to allow leaseholders to
    demolish walls, it could have repercusions later if some one else decides
    to demolish a wall.

    "Yes judge, freeholder set a prescient by doing nothing when "x" wall
    was demolished, so I demolished mine"
    L.V.T. says o.k. precident set, boundary wall demolished, freeholder
    can no longer object".

    It's more complicated than that, as each infringment looks at many
    aspects, but suggest you bill for the reinstatemenof wall, that way
    you have been seen that you want to observethe lease, and have
    done so, so no problems next time.

    You can always get the money and not rebuild.

    Seller to also payf or new plans to submit to Land registry if you
    sign D.O.V. but makesure it your authorisations states :-
    retrospective authorisation.



    Latest Activity


    • RTM Company Member Incorporation
      by Neil M82

      Apologies is this is in the wrong forum section but does anyone know how to go about adding a member (not a director) to a RTM company several years after the company was formed?
      23-06-2022, 19:40 PM
    • Reply to RTM Company Member Incorporation
      by Milhouse
      If there are 50% of the leaseholders as members when the RTM company takes over (as required), then most of those leaseholders sell up and cease to be members, leaving 1 member of the RTM, there is nothing to currently say this is wrong, so the membership level can be anything (of course not zero) after...
      25-06-2022, 13:48 PM
    • EWS1 scandal - can anything be done?
      by mcdonaa8
      I own a flat in East London which I loved living in. However in July 2019 I had a child and moved in with the misses and rented my flat out on a permission to let.

      Due to the EWS1 scandal I have found myself, like many others, unable to remortgage. My existing lender won't offer any deals...
      16-06-2022, 15:38 PM
    • Reply to EWS1 scandal - can anything be done?
      by Milhouse

      Firstly I fully feel your predicament.

      Based on PAS9980 there will be a risk from the wooden flooring on the balconies since it will be a way for fire to jump the building in the event of a balcony fire, caused by some reckless resident throwing a cigarette off theirs...
      25-06-2022, 12:54 PM
    • Reply to RTM Company Member Incorporation
      by Milhouse
      There is no requirement to hold the membership register with companies house, it should be maintained at the head office of the RTM and made available for inspection by members.

      All companies limited by guarantee (as well as other types of company) are required to keep a Register of Members...
      25-06-2022, 12:42 PM
    • Reply to RTM Company Member Incorporation
      by Gordon999
      Neil M82,

      I suggest you send email enquiry to Companies House asking "how to file new member's details for RTM company ( limited by guarantee )" ?
      25-06-2022, 12:14 PM
    • Reply to RTM Company Member Incorporation
      by Milhouse
      Hi Eagle, the model articles do not make it a condition that they pay for the setup costs to become a member, any leaseholder is entitled to become a member.
      25-06-2022, 12:05 PM
    • Reply to RTM Company Member Incorporation
      by Neil M82
      There are six, five of which participated in the formation of the RTM company. I've already done exactly what you have suggested & asked them to contribute 1/6 of the original costs & split that equally between the original five leaseholders. I was just wondering if there's anything I need to...
      25-06-2022, 11:55 AM
    • Reply to RTM Company Member Incorporation
      by eagle2
      How many leaseholders are there in total? If a leaseholder did not participate originally and is now seeking to become a member, you should make it a condition that he/she pays a contribution towards the initial costs. You should then credit the 6 leaseholders in the proportion in which they contributed...
      25-06-2022, 04:53 AM
    • Reply to Advice on claim for legal expenses by landlord over missing Ground Rent
      by eagle2
      I am struggling to understand why you did not receive the ground rent demands. Did you not collect the mail or make arrangements for mail to be forwarded to you? I agree that you should notify the freeholder or its agent where to send demands and correspondence.

      That aside, you should check...
      25-06-2022, 04:47 AM