Refused consent for Velux roof window

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    Refused consent for Velux roof window

    Hello,

    I am a leaseholder and the council is my landlord, there is a management company that acts on behalf of the council, in the past the council managed the estate directly and subsequently another management company before the current one.
    My lease required that i seek the consent of the landlord before structural alterations and would not be unreasonably withheld.

    I applied to insert a velux window into the roof of my flat after submitting all the plans i was simply told by the management company that "we are not willing to grant consent for velux windows"

    My question is ain't they meant to put the request through to the landlord? can they just refuse without a site survey.

    Also other properties on the estate have made similar alterations before this management company were appointed and they were granted consent by the landlord or the 1st management company.

    I am planning to write to appeal on grounds that it has been unreasonably withheld and i don't believe my request was put through to the landlord. and also that others were allowed to carry out similar alterations only a few years ago.

    Please help

    #2
    Unless you have a very peculiar lease or your property is a house rather than a flat, the roof is not part of your demise and therefore it is not part your are permitted to alter. The lease covenant regarding structural alterations applies to your flat, not what is owned by the freeholder (in this case, the roof)

    However, as you say others have done this on the estate, it may be worthwhile to contact those people (the leaseholders) and see what they did. It can be that the management company has dismissed you out of hand and the freeholder would be willing to do a lease variation for velux windows. Or it could be your neighbours put the windows in without getting permission.

    Comment


      #3
      Thank you for your response, the property is a flat and I know the roof structure belongs to the freeholder, hence asking for their consent. I thought because it's an improvement and neighbors have done theirs, it is something they would allow.

      I asked one neighbor and she told me she got permission, guess no one will say they didn't, last thing i want to do is get anyone in trouble.

      I don't really fancy drawing things out, do you think it's worth a shot appealing?

      Comment


        #4
        Yes, I do. Write to the management company again, informing them that other leaseholders obtained permission and ask if they have referred your request to the freeholder. If they do not respond to your satisfaction, then write directly to the council and make your request.

        It is possible that the council has changed its mind about giving permission for this type of alteration (there can be arguments about roof repairs after the installation if the repairing obligations haven't been sorted out beforehand), in which case they would say it would be reasonable to refuse.

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          #5
          Thank you I will do and update on their response

          Comment


            #6
            Hi -

            I have complained/appealed and all they could reply with is that the roof structure doesn't belong to me even though the roof space is in my demise. It all sounds like we can't be bothered with the repair and no mention of other leaseholders being granted permission by LB council.

            Extract below

            Agent name are the management organisation providing housing services on behalf of LB council. Therefore we are responsible for the repair and upkeep of the properties assigned to us.
            Whilst it is accepted that the roof space is part of your demised premises, this does not include the structural element of the roof which is owned by LB council and managed by Agent name.

            It is for that reason that we are unable to authorise you to install a Velux window.

            Comment


              #7
              I think you need to communicate direct with the council who are stated to own the roof. The agent obviously doesn't have authority to give you premission to alter the roof, only the freeholder, ie the council, can do that.

              Comment


                #8
                found this old post in fact my only one - i forgot i even signup for this forum.

                most times i read a post and no idea how it ended

                Update-

                i kept on their case for about 6 months eventually they gave me the permission to insert the velux roof window albeit some standards being met etc

                So if you find yourself in a similar situation don't give up

                Comment


                  #9
                  Congrats, persistence pays off!
                  What steps did you take to keep on their case and, eventually getting them to grant permission?

                  Comment

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