Freeholder wants to charge £700 to allow us to put in double glazing-is this allowed?

davidla

Hi,

We are leaseholders of a maisonette.

Before we moved in there was double glazing in one bedroom. We now want to put double glazing in the other rooms. I wrote to the freeholder (a company) advising that we wanted to do this. They wrote back saying that under the terms of the lease they require us to enter into a licence for alteration and we have to meet the costs of this licence which is £500 + VAT plus the client's admin fee of £90.

I have checked the original lease (when the maisonette was built) and can see nothing that mentions a payment. However, the lease does not mention the company's name who now have the leasehold.

So...
1. Can they charge us?
2. What is a licence for alteration?
3. If the person who put the double glazing in the one room didn't pay the
licence does that make a difference?
4. Would the lease conditions change from the original time it was built,
and should I have a copy of it? (I've been through our records but can
see the original lease but no later one.) If I don't have it - who should I
get it from?

Thanks for any help!

Colincbayley

davidla wrote: »

2. What is a licence for alteration?

It's a licence to print money.

Refer to your lease, if it's not in there then how can they charge it?
( please note I am no expert in leases, this is just my view point )

beaujolais-nouveau

davidla wrote: »

I have checked the original lease (when the maisonette was built) and can see nothing that mentions a payment. However, the lease does not mention the company's name who now have the leasehold.

Everything turns on what is in the lease. Ie what you - and the freeholder - have contracted to do. That the lease does not mention the company's name who now have the freehold is not significant: your current freeholder has bought the freehold from someone who might have been the original freeholder.

davidla wrote: »

1. Can they charge us?

Only if it says so in the lease.

davidla wrote: »

2. What is a licence for alteration?

I have found this for you on the web.

http://www.propertyweek.com/story.asp?storycode=2000880

It looks as if your freeholder might be trying to head you off, away from realising that you could apply for compensation from him because your alteration would amount to an improvement to his investment.

davidla wrote: »

3. If the person who put the double glazing in the one room didn't pay the licence does that make a difference?

Depends what's in the lease. If there is a reference in the lease to licences for alterations, and he didn't, then he just got away with it.

davidla wrote: »

4. Would the lease conditions change from the original time it was built, and should I have a copy of it? (I've been through our records but can see the original lease but no later one.) If I don't have it - who should I
get it from?

A lease can be "varied" - ie changed - by a deed of variation or an order of a court or tribunal. If your original lease does not say that you have to pay to obtain a licence, and your freeholder says that you do, then ask him to produce the evidence. (Ie a deed of variation or court/tribunal order.)

If you do find yourself having to sign documents to get permission to alter, make sure that the document says that you don't have to pay for the freeholder to reinstate (ie remove) your double-glazing after you have left.

This advice is provided on an as seen basis - I am not a property expert of any description. I just happen to have some experience of how an exploitative freeholder thinks.

Richard_Webster

If your lease prevents alterations or says that they can only be carried out with the Freeholder's consent then he can charge a reasonable amoutn for giving that consent. A formal licence is a nice way to make some money out of running off a word processed document with a few specific details added and charging a lot of money for it. Some solicitors do this and it makes me sick.

It may be possible to challenge it tin the Leasehold Valuation Tribunal as an unreasonable administration charge but this will take time and hassle and may cost you. Also, the fact of the challenge will need to be revealed a buyer when you sell. If i was acting for a buyer I would immediatley advise my buyer client as to the evidently unreasonable attitude of the freeholder and he might not weant to buy the flat as a result. So I would be wary about getting into this kind of argumetn with the freeholder. If your solicitor produces the licence when you sell it is not that likely that a buyer's solicitor will then ask what it cost!

davidla

Thanks for all your replies.
I don't have the lease with me right now but I think it says we need to contact the freeholder so he can give us consent. However, I'm pretty sure it doesn't say it that we have to pay for that consent. Would that make a difference?
Also, there are 3 other maisonettes in our "block" -all with the same freeholder I believe, and all with double glazing. If they weren't charged for putting in double glazing, does that make a difference?
Finally, does it make a difference if the previous owner of our maisonette wasn't charged for doing the one room with double glazing?

Thanks again for all the replies.

Fire_Fox

These people will give you free advice on all matters leasehold - have a copy of your long lease to hand when you ring them:
http://www.lease-advice.org/