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

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

    I have what I imagine is a pretty niche problem (and can't immediately see a related topic). I have a split level maisonette, sharing freehold with the downstairs flat.

    I know the co-freeholders and we get along very well, and I have told them by email a month ago I plan to do works (a loft extension and roof terrace). They didn't raise any objection, however they have now put their flat up for sale.

    1) Should I now seek formal development approval from the current owner to do the work, or will the email exchange do; and
    2) If they sell the property (a) during planning, (b) before the work starts but with planning approved, or (c) after work has commenced, would a new co-freeholder have the right to retract any permissions?

    Thanks in advance,
    James

  • JGBG123
    replied
    You’re a very kind person, thank you very much!

    Leave a comment:


  • Lawcruncher
    replied
    A revised deed is set out below. I have dealt with the flooring as a separate issue. As the deed varies the lease it will need registering at the Land Registry to ensure it binds any new landlord.

    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.

    *

    A Deed dated [insert day and month] 2019

    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 and building regulations consent issued by the local planning authority authorising the Works

    2.3 “the Specification” means the plan[s] and specification attached to this deed [delete the reference to plan[s] if there are no plan[s]]

    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 without the Landlord’s consent

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

    3.4 The parties have agreed to vary the Lease as appears in clause 6

    4. Consent

    The Landlord consents to the Tenant carrying out the Works

    5. Covenant

    The Tenant covenants with the Landlord:

    5.1 that he will not commence the works until the Planning Consents have been obtained

    5.2 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. Variation of the Lease

    Clause [insert clause number] of the Lease is varied so that it reads and shall be deemed always to have read:

    “Where the floor of the lower floor of the Flat other than in the kitchen is not covered with carpet and underlay to ensure that the flooring is such that it will minimise the transmission of noise”

    7. 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

    Leave a comment:


  • JGBG123
    replied
    Planning permission and building regulations consent are definitely required, yes.

    Currently the lease says “To keep the Flat throughout substantially covered with carpets and underlay for avoiding the transmission of noise save in the kitchen and bathroom where cork or similar covering should be used.” Currently the kitchen is actually wooden with underlay, and the bathroom (top floor so won’t affect noise) is slate flooring - both alterations I did before, although replacing fake cork flooring in kitchen and tiles in bathroom.

    The change to flooring will not be included in the submission for planning permission, but could (at a later stage) be included in a schedule of works or similar I imagine.

    Thank you!

    Leave a comment:


  • Lawcruncher
    replied
    I can revise the deed to allow for planning to be obtained after it is executed. For the record, please confirm that both planning permission and building regulations consent are definitely required.

    As to the flooring, I can include that in the deed, but I need to know precisely what the relevant clause in the deed says. Is the change to the flooring included in the specification?

    Leave a comment:


  • ram
    replied
    Originally posted by JGBG123 View Post
    The lease states that I have to use carpet with underlay, while we want to use new wooden floors I probably need to alter the lease to allow equivalent materials (wood) that are not similarly not disruptive from a noise perspective?
    You cannot just change the lease because you don't like what the lease says, just because you want your way. You would have signed a statement that you would obey the lease,
    A lease can be changed ( asked to be changed ) through the F.T.T, But your lease must be "defective", which it is not.
    There is a reason why carpet and underlay MUST be fitted, and has been a cause for many a complaint and court cases for not using carpets when the lease says you must.

    If you own your own house, you can fit whatever you want, but not when you are above another person.

    It seems to me that you have no wish to be considerate to anyone, nor the lease, the planning department, the people downstairs etc.
    I will leave it at that.

    Leave a comment:


  • JGBG123
    replied
    Sorry for the delayed response - I have now worked out how to turn on email notifications so I'll be snappier from here! This is really great - thank you Lawcruncher

    I haven't got Planning permission yet, but submitting the scheme for consideration in January. And building control will take a while longer I would have thought. Should I execute the agreement before Planning permission is granted or wait until Planning is granted, which might not be til end of Feb? I think I'd prefer to do it asap.

    Also the lease states that I have to use carpet with underlay, while we want to use new wooden floors (not the original floorboards). So I guess I probably need to alter the lease to allow equivalent materials (wood) that are not similarly not disruptive from a noise perspective?

    Happy Christmas!

    Leave a comment:


  • Lawcruncher
    replied
    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.

    Leave a comment:


  • ram
    replied
    Is there an Error at 3.2 ?

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

    Leave a comment:


  • Lawcruncher
    replied
    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

    Leave a comment:


  • Lawcruncher
    replied
    No fee required, Draft will appear soon.

    Leave a comment:


  • JGBG123
    replied
    Lawcruncher that is extremely kind of you! I'll pay you though. Is there a phone number I could get you on?

    Thanks,
    James

    Leave a comment:


  • Lawcruncher
    replied
    It is not possble to say if the exchange of emails is sufficient without knowing what they said. Whatever they said, the counsel of perfection is to have a deed. It is not necessary to go the expense of instructing a solicitor as I can draw one up for your if you let me know (a) if you obtained planning permission (b) if you obtained building regulations consent (c) if you have detailed plans and/or specification.

    Leave a comment:


  • JGBG123
    replied
    The loft space is demised to me - I am opening the eaves of the existing loft. I don't know about the roof, but will look into it too. Thanks again

    Leave a comment:


  • JGBG123
    replied
    OK - thanks Vmart, I'll do that

    Leave a comment:

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