Previous owner knocked a wall down without permission - what now?

Notnow · 16 March 2017 at 8:24PM

I bought a flat last year but never really liked it so have put it up for sale and accepted an offer. I have just read in the leasehold pack that I have apparently knocked down a wall without permission and need to contact them about it.

I haven't knocked down any wall and when I bought the place only about 9 months ago the pack said nothing about a wall being knocked down. I can easily prove I didn't knock it down because the listing is still visible online through the link I have saved and I have the brochure from when I moved in which shows there was no wall ever there.

I will contact them about this first thing in the morning but any ideas for now on what could happen here?

It's an internal wall, just a stud one that used to separate two rooms and now there's just one big room.

eddddy · 16 March 2017 at 8:57PM

Notnow wrote: »

I have just read in the leasehold pack that I have apparently knocked down a wall without permission and need to contact them about it.

Out of interest - how does the freeholder know that a wall has been removed? Have they inspected the property?

Anyway, as you're are the leaseholder, it is your responsibility if a wall has been removed without freeholder's consent (even if it was done before you owned the flat).

When you bought the flat, the onus was on you to check the lease plan - which presumably showed a wall.

Also, the seller should have filled in a TA7 Leasehold Information Form, which asks:

9.1 Is the seller aware of any alterations having been made to the property since the lease was originally granted?
9.2 Please give details of these alterations:
9.3 Was the landlord’s consent for the alterations obtained?

If the seller gave misleading answers to these questions, you could consider claiming damages from them.

Notnow · 16 March 2017 at 9:03PM

I don't know why they think a wall was removed. I can only think they saw photos of the place for sale but if so then why didn't they do that when I bought the place? I did once email them asking about putting a wall up but not in the same place as they're saying one has been removed. I never had a reply so maybe they're assuming I just went ahead and did the work without permission?

There were no plans showing walls, only one showing the external boundries. The seller got several things wrong on the forms but they clearly ticked that they had made no alterations.

eddddy · 16 March 2017 at 9:08PM

Notnow wrote: »

I don't know why they think a wall was removed. I can only think they saw photos of the place for sale but if so then why didn't they do that when I bought the place?

There were no plans showing walls, only one showing the external boundries.

So ask them for evidence that a wall existed when the lease was granted.

(If there was a wall, it's still possible that consent was granted to remove it. But if you don't have a copy of the consent, and the freeholder won't volunteer a copy of the consent, you're pretty stuck.)

Notnow · 16 March 2017 at 9:14PM

I think the whole thing might be a mix up over when I asked about putting a wall up. I had an email saying they had passed my enquiry on but never heard anything else so I just forgot it. Maybe it's coming up on a file that an enquiry about walls is open and that's what this is all about.

I did have all the searches done, everything was checked and even the freeholder themselves checked it and said nothing about a wall when I bought it. They haven't been in the place since which is why I'm so confused now :-/

I don't even know if a wall has been knocked down yet.

Hoploz · 16 March 2017 at 9:55PM

I'm confused - your first post said the freeholder thinks a wall has been removed. But now you aren't sure if they are talking about one you asked about building.
What exactly did the letter from the freeholder say?

Notnow · 17 March 2017 at 7:35PM

It's all been sorted. It turns out that a wall has been removed but permission wasn't needed as it was only a stud wall.

I pointed out that I have only been here a few months so if they try and charge me anything I'll want to know why I wasn't told this when I bought the place. I think that may have convinced them to drop it otherwise they'd be opening a can of worms for themselves and having to compensate me for missing it when I moved in.

eddddy · 17 March 2017 at 9:38PM

Notnow wrote: »

It's all been sorted. It turns out that a wall has been removed but permission wasn't needed as it was only a stud wall.

It's good that it's sorted, but you've got the following bit completely the wrong way round...

Notnow wrote: »

I pointed out that I have only been here a few months so if they try and charge me anything I'll want to know why I wasn't told this when I bought the place. I think that may have convinced them to drop it otherwise they'd be opening a can of worms for themselves and having to compensate me for missing it when I moved in.

If the flat had been altered without getting the appropriate consent from the freeholder, it is your problem - not the freeholder's.

It doesn't matter when the alterations were made, or by whom, it's still your problem.

But since no consent was required in this case, it seems you're ok.

Atomix · 19 March 2017 at 6:50PM

I would get something in writing -
Just for future peace of mind.

PLEASE READ BEFORE POSTING

Previous owner knocked a wall down without permission - what now?

Comments

Categories

Get our FREE Weekly email full of deals & guides - and it’s spam-free