Co-freeholder's rights to make alterations to their leasehold flat

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    Co-freeholder's rights to make alterations to their leasehold flat

    Hi I am co-freeholder of a house in London. There are 3 flats in the house of which I own the large over 1000 sq feet ground floor flat. There are 3 other co-freeholders . I want to split my ground floor flat into 2 separate flats of around 500 sq feet each. One of the other co-freeholders has objected to this and I anticipate the other 2 will do likewise.

    As per most leases the lease states I require freeholder consent to alterations. The alteration involved in making 2 flats from one would simply be to install one new front door, one bathroom in one of the flats and put up a doorway to a new bedroom area. Since I am co-freeholder do I still need all the other co-freeholder's consent re my property ? i.e. does one need unanimous freeholder consent in such a situation or are there any precedents suggesting otherwise ? Also would there be any precedents suggesting the withholding of such consent could be considered unreasonable re Landlord and Tenant Act provisions pls ? Many thanks for any advice .

    #2
    There may well be contributors on this forum that can help, but in the meantime I suggest you contact the Leasehold Advisory Service who have a free helpline but you now have to book an appointment for a phone call a few days later.

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      #3
      There should be an agreement between the freeholders to confirm the mechanism for agreements between freeholders.
      It could be a simple majority or it could require all of them to agree.

      If there's nothing to specify the agreement, I would expect all of the freeholders to have to consent.
      Again, unless there's an agreement to the contrary, there's no need for the freeholder's decision to be reasonable.
      When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
      Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

      Comment


        #4
        If in the unlikely event you are allowed to split your flat, it will be the freeholder that has to re-write the leases, not you.
        You cannot issue a lease.
        You cannot sell half your lease.
        The freeholder is 3 persons, and all 3 have to agree to change the building.

        The freeholders can change the building from 3 to 4 flats, but ALL the freeholders are entitled to the profit in doing so.

        If you are hoping to sell the new flat, for lets say £ 90,000 , it's the freeholder that sells the lease to the new flat, not you. It's a lease that is sold, not a flat. And NEW Leases are sold by the freeholder !
        Then the freeholders will want £ 30,000 each out of the deal, less conversion costs ( it's not your flat, it's the freeholders flat, you only lease it from the freeholder )

        All leases will have to be modified to show that there are now 4 flats, and service charges changed from one third to one quarter, etc.
        Land registry changes, new floor plans registered.
        Again, you will have to pay for all that

        And co-freeholders will not want the agro of doing all the work it entails, engaging solicitors on behalf of the freeholder ( which you will have to pay for in full ), nor for engaging a surveyor to check the plans and feasibility, as the co-freeholders are not surveyors, nor solicitors conversant in a complicated change of use. Again, the freeholder costs to be paid by you, as it's not the freeholder that asked to add a new flat.

        Quite rightly, they will refuse, as I would.

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