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

  • Filter
  • Time
  • Show
Clear All
new posts

    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 .

    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.


      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).


        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.


        Latest Activity


        • Reply to Section 21
          by MdeB
          Yes for S8G8, but for the discretionary grounds it is for the LL to persuade the judge....
          29-05-2020, 19:56 PM
        • Section 21
          by zrux

          My tenant was struggling to pay rent, they wanted to move to council house. And asked me to serve notice.
          I served them the section 21 Notice on 28Apr2020 and gave them 4 months to vacate the property on 31-Aug

          Since then the tenant says he doesn't want to move out...
          28-05-2020, 13:18 PM
        • Reply to Aiming to get a CCJ on ex tenant
          by Stew
          I understand you are upset but chase the person named on the lease, if they are together still it will impact the both of them so chasing for the CCJ on the named tenant will still impact the one not named as it will carry forward with them if they don't pay right away and when they try and rent again...
          29-05-2020, 18:55 PM
        • Aiming to get a CCJ on ex tenant
          by MadLL
          Apologies if I have posted this before, but I cannot find my original post, if I did indeed post!
          I rented my property to a tenant. I knew at the start of the tenancy that the partner planned to move in at a later date, although the tenant denied the partner ever moved in as I expect they did...
          29-05-2020, 17:30 PM
        • Reply to The tenant won't pay due rent
          by Perce

          I agree and this is a problem. Very difficult to find someone you can trust that they would do a good job.

          It looks like one has to become a solicitor first to be able to deal with solicitors. Solicitors forget half of the things you tell them, make errors, expect...
          29-05-2020, 18:52 PM
        • The tenant won't pay due rent
          by Uklondoner
          The tenant just told me he can't pay not even half and didn't apply for benefit probably doesn't know how to. He said I can call Police. What to do now? I know the government back people like him....
          18-04-2020, 18:34 PM
        • Reply to Aiming to get a CCJ on ex tenant
          by Hudson01
          I can not see you getting anywhere with the ex tenants partner but i totally agree you should chase the non paying tenant until the end of time, its is the previous landlords in not going after the arrears which then caused your tenant to be able to not pay you...... somewhere a stand has to be mad...
          29-05-2020, 18:38 PM
        • Reply to Aiming to get a CCJ on ex tenant
          by Perce
          Send your ex tenant a 14 days pre action letter first....
          29-05-2020, 18:33 PM
        • Reply to Section 21
          by Perce
          The tenant should move to a cheaper accommodation which he can afford....
          29-05-2020, 18:31 PM
        • Reply to Section 21
          by Perce

          The tenant should produce evidence that he is not paying rent due to coronavirus. Also it does not mean he should continue living in the property forever and not pay rent due to coronavirus
          29-05-2020, 18:30 PM