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
    • PdVortex
    • By PdVortex 10th Jul 17, 7:33 PM
    • 2Posts
    • 0Thanks
    PdVortex
    Help with leasehold
    • #1
    • 10th Jul 17, 7:33 PM
    Help with leasehold 10th Jul 17 at 7:33 PM
    Hi,

    Im in the process of buying a leasehold property. I want to make alterations to the internal layout of the property.
    Reading the lease hold these are the sections with regards to changes.

    1.6) The expression "structure" means the parts of the Building comprising of the foundations all concrete floor slabs (but not the floor screed and insulating material on them) all exterior and other load bearing walls (including the window frame but not including the glass therein or the surfaces described in Clause 1.2 hereof) the ceiling joists above the top floor level the roof *with the timbers and any other beams supporting it) and all drains cisterns tanks pipes cables and wires serving more than one dwelling and for the time being not maintainable by any local or public authority or statutory undertaking whether laid in or under or over the Estate or otherwise and the expression “structural” shall be construed accordingly

    (1.2) The expression "the demised premises" means the flat or the house shown edge red on the attached Lease plan being part of the Estate and shall include the roof space above (Where appropriate) all floor screen and insulating material ceiling materials window glass all internal walls all plaster plasterboard tiling and other internal surfaces of all structural walls and the external door ( and its frame) of the flat or house but not any part of the structure as defined in Clause 1.6 hereof

    (4.6) Not to make any alteration in or additional to or cut mutilate or injure the structure (1.6) of the walls or timbers of the demised premises (1.2) and (if any) garage or the frame and any covering of any carport or pergola or remove any of the Lessor's fixtures.

    It says
    Not to make any alteration in or additional to or cut mutilate or injure the structure (1.6) of the walls or timbers of the demised premises (1.2)
    (The way this is worded is that I'm not allowed to make alterations to the structure of the flat.)

    It does not say
    Not to make any alteration in or additional to or cut mutilate or injure the structure (1.6) of the walls or timbers or the demised premises (1.2)
    (The way this is worded is that I'm not allowed to make alterations to the structure and the internal flat.)

    Reading this it seems like we are able to remove a stud wall within the flat.
    Can anyone confirm this from reading the above.

    Any help would be greatly appreciated.
Page 1
    • camptownraces
    • By camptownraces 10th Jul 17, 9:41 PM
    • 310 Posts
    • 187 Thanks
    camptownraces
    • #2
    • 10th Jul 17, 9:41 PM
    • #2
    • 10th Jul 17, 9:41 PM
    Aren't stud walls held in place by timbers?

    That means you can't alter them.

    Generally with leasehold properties, leaseholders need permission from the freeholder to make alterations.

    Consult your solicitor about this before you get stuck with something you don't want.
    • PdVortex
    • By PdVortex 10th Jul 17, 10:31 PM
    • 2 Posts
    • 0 Thanks
    PdVortex
    • #3
    • 10th Jul 17, 10:31 PM
    • #3
    • 10th Jul 17, 10:31 PM
    Hi,

    Thanks for your response, yes stud walls are made of timbers. However I'm still confused as it states
    the structure (1.6) of the walls or timbers of the demised premises (1.2)

    "the structure" (1.6) excludes everything in "the demised premises" (1.2)
    The demised premises includes internal walls
    • anselld
    • By anselld 11th Jul 17, 6:27 AM
    • 5,280 Posts
    • 4,812 Thanks
    anselld
    • #4
    • 11th Jul 17, 6:27 AM
    • #4
    • 11th Jul 17, 6:27 AM
    It is probably a typo since the first "of" doesn't make sense in that context.
    I.e. "the structure or the walls or timbers of the demise"
    • Woteva_29
    • By Woteva_29 12th Jul 17, 3:50 PM
    • 7 Posts
    • 0 Thanks
    Woteva_29
    • #5
    • 12th Jul 17, 3:50 PM
    • #5
    • 12th Jul 17, 3:50 PM
    I purchased a leasehold flat and the previous owner had erected a stud wall making another room. At the time they said that we didn't need consent as the work was not structural. However now I am coming to sell I have been told that it did need freeholders consent as they class structural as removing or adding any wall.

    In the end I had to pay £120 for consent and that was the end of it. Best idea would be to ask for consent as when you come to sell there may be an issue. If it is not load bearing I cannot see why they would mind.
    • G_M
    • By G_M 12th Jul 17, 10:25 PM
    • 41,100 Posts
    • 47,243 Thanks
    G_M
    • #6
    • 12th Jul 17, 10:25 PM
    • #6
    • 12th Jul 17, 10:25 PM
    If you go ahead, I anticipate you'll be back here in the future seeking help because either

    * the freeholder is aking action to force you to re-instate, or
    * you are trying to sell and your buyer is asking you for evidence you got freeholder consent for the changes
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

1,046Posts Today

6,901Users online

Martin's Twitter
  • Today's twitter poll: How many languages do you speak (inc Eng) with reasonable fluency (eg can have decent phone chat solely in that lang)

  • RT @iiSteveJonesii: @MartinSLewis After watching you talk this morning about me burning £300 I got on a comparison site tonight & sure enou?

  • In or near York? This Wed the @itvmlshow Roadshow" will be at the York Food & Drink Festival - do come and say hi; St Sampsons Square 11-4.

  • Follow Martin