Your browser isn't supported
It looks like you're using an old web browser. To get the most out of the site and to ensure guides display correctly, we suggest upgrading your browser now. Download the latest:

Welcome to the MSE Forums

We're home to a fantastic community of MoneySavers but anyone can post. Please exercise caution & report spam, illegal, offensive or libellous posts/messages: click "report" or email forumteam@.

Search
  • FIRST POST
    • Notnow
    • By Notnow 16th Mar 17, 7:24 PM
    • 34Posts
    • 2Thanks
    Notnow
    Previous owner knocked a wall down without permission - what now?
    • #1
    • 16th Mar 17, 7:24 PM
    Previous owner knocked a wall down without permission - what now? 16th Mar 17 at 7:24 PM
    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.
    Last edited by Notnow; 16-03-2017 at 7:29 PM.
Page 1
    • eddddy
    • By eddddy 16th Mar 17, 7:57 PM
    • 4,478 Posts
    • 4,146 Thanks
    eddddy
    • #2
    • 16th Mar 17, 7:57 PM
    • #2
    • 16th Mar 17, 7:57 PM
    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.
    Originally posted by Notnow
    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
    • By Notnow 16th Mar 17, 8:03 PM
    • 34 Posts
    • 2 Thanks
    Notnow
    • #3
    • 16th Mar 17, 8:03 PM
    • #3
    • 16th Mar 17, 8:03 PM
    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.
    Last edited by Notnow; 16-03-2017 at 8:07 PM. Reason: Adding info
    • eddddy
    • By eddddy 16th Mar 17, 8:08 PM
    • 4,478 Posts
    • 4,146 Thanks
    eddddy
    • #4
    • 16th Mar 17, 8:08 PM
    • #4
    • 16th Mar 17, 8:08 PM
    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.
    Originally posted by Notnow
    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
    • By Notnow 16th Mar 17, 8:14 PM
    • 34 Posts
    • 2 Thanks
    Notnow
    • #5
    • 16th Mar 17, 8:14 PM
    • #5
    • 16th Mar 17, 8:14 PM
    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.
    Last edited by Notnow; 16-03-2017 at 8:17 PM.
    • Hoploz
    • By Hoploz 16th Mar 17, 8:55 PM
    • 3,531 Posts
    • 3,110 Thanks
    Hoploz
    • #6
    • 16th Mar 17, 8:55 PM
    • #6
    • 16th Mar 17, 8:55 PM
    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
    • By Notnow 17th Mar 17, 6:35 PM
    • 34 Posts
    • 2 Thanks
    Notnow
    • #7
    • 17th Mar 17, 6:35 PM
    • #7
    • 17th Mar 17, 6:35 PM
    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
    • By eddddy 17th Mar 17, 8:38 PM
    • 4,478 Posts
    • 4,146 Thanks
    eddddy
    • #8
    • 17th Mar 17, 8:38 PM
    • #8
    • 17th Mar 17, 8:38 PM
    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.
    Originally posted by Notnow
    It's good that it's sorted, but you've got the following bit completely the wrong way round...

    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.
    Originally posted by Notnow
    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
    • By Atomix 19th Mar 17, 5:50 PM
    • 236 Posts
    • 195 Thanks
    Atomix
    • #9
    • 19th Mar 17, 5:50 PM
    • #9
    • 19th Mar 17, 5:50 PM
    I would get something in writing -
    Just for future peace of mind.
Welcome to our new Forum!

Our aim is to save you money quickly and easily. We hope you like it!

Forum Team Contact us

Live Stats

200Posts Today

1,167Users online

Martin's Twitter
  • The strange thing with a 4yr old is having to play & smile while inside feeling sick for those in trauma in my birth town #Manchester

  • Just a quick ta-ta for now. I'm taking the week off for family time with mini and Mrs MSE. So I won't be here much. Back after the bank hol

  • Ugh another one trying it! Beware https://t.co/Ab9fCRA76F

  • Follow Martin