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 My tenant lied to me
          by theartfullodger
          As a stupid landlord I take grave exception to your slur, Sir!

          Next week, amazing, unexpected, revelations that from time2time landlords lie to tenants.............. and agents from time2time lie to landlords AND tenants... and MPs & a particular special adviser seem to lie to most...
          03-06-2020, 16:22 PM
        • My tenant lied to me
          by Uklondoner
          My tenant lied to me saying he missed the first universal credit payment. But actually according to one of my friend the payment normally only take two weeks to come directly to the bank account. What can I do? Can I find a way to let the universal credit directly make overdue rent payment? I really...
          03-06-2020, 09:54 AM
        • Reply to Access to sheds
          by DPT57
          Possibly, although I was basing my comment on this phrase in the original post:...
          03-06-2020, 16:21 PM
        • Access to sheds
          by endymion
          Hi. We have been renting a flat for the past decade under an Assured Shorthold Tenancy. The flat is one of five in a single block. The back garden contains a large outbuilding comprising ten sheds. Implicitly, then, two sheds per flat. The inventory does contain the wording 'Garages, Sheds, Outbuildings:'...
          03-06-2020, 10:09 AM
        • Reply to My tenant lied to me
          by Uklondoner
          Thanks so much !...
          03-06-2020, 16:21 PM
        • Reply to Access to sheds
          by AndrewDod
          Then you need to go the route I said. Unless there is a lease which specifically defines the demise of Flat X that includes the shed(s) there is no reason at all to explicitly exclude anything....
          03-06-2020, 16:17 PM
        • Reply to My tenant lied to me
          by nukecad
          As it's UC then as a landlord you need to submit a form UC47 to apply to the DWP for a 'Managed Payments to Landlord', which can include an amount for arrears.
          However any repayment of arrears granted will be on a 'pay back at so much a month' basis.

          UC47's can now be submitted online....
          03-06-2020, 15:51 PM
        • Reply to Access to sheds
          by endymion
          Well, partly, but mainly I'm considering whether the sheds would have to be explicitly excluded from the tenancy in the AST. It's a question of what would be considered the default position in law....
          03-06-2020, 14:53 PM
        • Reply to Access to sheds
          by endymion
          Interesting. I'll have to cross that bridge when I come to it. Nonetheless, if the deeds stipulate that the sheds are part of the flat, rather than communal, surely that's quite a different matter....
          03-06-2020, 14:52 PM
        • Reply to Access to sheds
          by MdeB
          I believe the OP is coming from the position of:
          • The LL has granted us the right, beyond the tenancy agreement, to use two sheds.
          • Would the law consider that having granted that use, the LL cannot unilaterally withdraw the use of those sheds?
          03-06-2020, 14:48 PM