Co-freeholder permission for works and change of co-freeholder

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    #16
    N.B. For the record and for the avoidance of doubt there is no relationship of lawyer and client between us and I owe you no duty of care. You use the wording entirely at your own risk. For full professional advice backed by indemnity insurance consult a solicitor or a licensed conveyancer.

    The following assumes you have or will obtain both planning permission and building regulations consent and that there are plans and specifications. If any of the assumptions are incorrect, let me know.

    *

    A Deed dated [insert day and month] 2018

    1 Parties

    1.1 The Landlord: [insert names and addresses of freeholders including leaseholder]

    1.2 The Tenant: [insert name of leaseholder]

    2 Definitions

    2.1 “the Lease” means a lease dated [insert date] and made between [insert parties]

    2.2 “the Property” means [insert postal address of property] more particularly described in the Lease and registered at H.M. Land Registry under title number [insert title number]

    2.2 “the Planning Consents” means the planning permission number [insert number] dated [insert date] and the building regulations consent number [insert number] dated [insert date] issued by [insert name of local authority]

    2.3 “the Specification” means the plans and specification attached to this deed

    2.4 “the Works” means the works detailed in the Specification

    3 Background

    3.1 The Tenant wishes to carry out the Works

    3.2 The Lease contains a prohibition against making alterations to the Property with the landlord’s consent

    3.3 The Landlord has agreed to grant such consent upon the terms set out below

    4. Consent

    The Landlord consents to the Tenant carrying out the Works

    5. Covenant

    The Tenant covenants with the Landlord that he will carry out the Works in a good and workmanlike manner and in all respects in accordance with the Specification and the Planning Consents and will also comply with the lawful requirements of any competent authority in relation to the Works

    6. Deed

    This instrument is executed by the parties as their deed


    Signed as a deed by [insert name of freeholder 1]
    .................................................. ............................
    in the presence of: ………………………………...

    Witness signature…………………………………

    Witness name……………………………………..

    Witness address………………………………….

    …………………………………………………...

    ……………………………………………………

    Signed as a deed by [insert name of freeholder 2]
    .................................................. ............................
    in the presence of: ………………………………...

    Witness signature…………………………………

    Witness name……………………………………..

    Witness address………………………………….

    …………………………………………………...

    ……………………………………………………

    *

    To be executed in duplicate and one copy retained by freeholder 1 and the other by freeholder 2

    The plans/specification signed by both freeholders should be attached to each copy

    Comment


      #17
      Is there an Error at 3.2 ?

      The Lease contains a prohibition against making alterations to the Property WITHOUT the landlord’s consent.

      Comment


        #18
        Originally posted by ram View Post
        Is there an Error at 3.2 ?

        The Lease contains a prohibition against making alterations to the Property WITHOUT the landlord’s consent.
        AARRGGHH!!! How did I miss that?

        Thanks for pointing the error out.

        Moderator: Please correct it.

        Comment

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