Consent for work - Freeholder and Management Company Issues

[robub10]

All

I'm looking for some advice.

During the process to sell my flat I've discovered that the previous owner mislead me and my solicitor to the consent that they received to place a partition wall within a studio flat and therefore turning into a one bedroom.

I now have to apply for consent as the buyers solicitor (unlike mine at the time) has picked this up but I am now struggling to discover who actually issues the consent for this work, my management company, or my freeholder.

I applied for consent with my freeholder through their channels only to be told at the end that they did not offer consent on this and I needed to contact the management company. On contacting my management company they have told me that they do not deal with this and I need to contact the freeholder!!

Neither has come back to me saying I've breached the lease with this work despite the fact as part of the sale I'm extending the lease and declared during that process that the work had taken place.

I have a building regulations certificate from the local authority stating they are happy with the works so I'm not worried about that. I just need to get the consent sorted, which is the best way to approcah this?

[ram]

On contacting my management company they have told me that they do not deal with this and I need to contact the freeholder!! and the freeholder says he does not deal with it.

The freeholder gives permission ( or not ) and as the Management are paid top act on behalf of the freeholder, they are permitted to give authorisation as advised by the freeholder.
If the freeholder does not want to answer your question, the Man. Co should instigate a retospective licence, via inspections etc.

But if you have it in writing, that the freeholder does not deal with consents, and the Man. Co does not deal with consents, then is it true that no consent is needed, as there is no one to ask for consent, therefore consent is not needed, also, no party will refuse alterations to your property, as no one deals with consents.

Give your solicitor the above, and see what he makes of it.