freeholder promission Mistake

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    freeholder promission Mistake

    Evening

    As you will see from my question i am a complete newbie

    I've bought a leasehold flat through Right To Buy. The flat is a 2 bed and has alot of space so I've started turning it into a 3 bedroom flat. I got planning permission from the council and I thought that was all i had to do.

    I letter found out i needed to get permission from the freeholder ( which is the council)

    Has anyone got any advice on what I should do from here as I think when it comes to me selling on the flat I will need to show I had permission?

    #2
    You need authorisation from the freeholder to do any structural repairs / alterations.
    Your lease ( read it from front to back ) may also say no alterations of any kind without authorisation.
    you must not carry out the alterations without permission.
    If you do, you could find yourself in court for not conforming to the lease to get permission.

    The work you are doing will need, probably, the freeholder to engage a surveyor to check your plans, and comment on the work. You pay for the freeholders surveyor.

    Even after that, freeholder may still say no.
    The lease may prevent it, disturbance to the residence may prevent it, etc.

    You are renting the flat from the freeholders, it does not belong to you.
    You did not buy the flat, you bought the lease. which allows you to stay in those rooms demised to you for the length of the lease.
    At the end of the lease, you give the flat back, and receive no payment for the lease ( or flat )
    And as a lease can be 20 pages long. that's about £ 7000 per page !
    Any rental in excess of 21 years has to be in the form of a lease.

    Have fun.
    Get permission.

    Comment


      #3
      Ram, telling a newbie poster they are 'renting the flat from the freeholder' is very likely to confuse them. They own the leasehold for amount of years likely in excess of their lifetime, and normally a leaseholder has a mandatory right to extend that lease by 90 years if they feel the lease is getting too short. It would be extremely unlikely for a leaseholder to be giving their flat back at the end of the lease although obviously it can happen in crrtain situations.

      Maybe better to say, as you have purchased a leasehold and not a freehold there are clauses in the lease you must obey, and one will detail seeking permission for structural alterations. No need to try to scare posters.

      Comment


        #4
        Dear fitnessreborn,
        As you have purchased a leasehold and not a freehold there are clauses in the lease you must obey, and one will detail seeking permission for structural alterations, and sometimes for any alterations.

        However,
        Because you stated you were a complete newbie, post number 2, last 2 paragraphs is an attempt to explain why you need permission, as you have only leased the flat.
        Very often on here, and outside ( but not too often now ) we see people saying, "but it's my flat, I can do what I want with it, I don't need permission"

        So post 2 it to "bring it home" as to what a leasehold flat is, as far too often we see people that don't understand leasehold.

        Hope you were not too ? scared.

        Comment


          #5
          OP,

          Just because the Council happens to also be the FH of the property does not mean that you just need to inform one of their departments.

          Planning Consent is granted by the Planning Department this is entirely separate to any other consent you may require irregardless of the party granting that consent.

          You will need to provide to the FH details of your proposals for them to consider.

          You may also require the works to be approved and signed off under the BUilding Regualtions. This can be carried out by the Building Control department of the Council.

          Are you planning any Structural changes? Then there could be liabilities under the Party Wall Act.

          Get your paperwork in order before starting any work.

          Also - READ YOUR LEASE.
          There is always scope for misinterpretation.

          If my posts can be interpreted in two ways, one that makes you feel angry and one that doesn't, I meant the latter.

          Everyday is an opportunity to learn something new.

          Comment


            #6
            Thanks for the feedback guys.

            I guess want i was really looking for was more a plan of action. I've read through my lease before posting on here and see I've made a big mistake.

            I havent moved any surporting walls in the flat. Just 3 partition walls by 3" each to made more room.

            has anyone every had to get Permission from a council before and may have insight into what the process will be?

            Many thanks

            Comment


              #7
              Permission from the Council for what?

              Plan of action is pretty obvious if you've read the lease. You need to obtain Freeholder's Consent. Apply to the Freeholder for consent. It is irrelevant who the Freeholder is.

              The Lease will set out the procedure for application and the rights and entitlements they (the Freeholder) have.

              There is no 'standard' Lease so without reading the actual lease no one can definately provide advice.

              You can expect to have to pay all the costs associated with making the application. These may include;
              Surveyors fees.
              Legal fees for ammending the lease.
              A Betterment charge.

              ETA;

              Aside from the above, I think you'll still need to apply for Building Regulation consent WHICH IS AN ENTIRELY SEPARATE APPLICATION.
              There is always scope for misinterpretation.

              If my posts can be interpreted in two ways, one that makes you feel angry and one that doesn't, I meant the latter.

              Everyday is an opportunity to learn something new.

              Comment

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