No leasehold permission for extension

RobbieS

We did not get permission from our leaseholder for the kitchen extension we had built 22 years ago. Will this show up now that we are selling the house and what do we do please? Thanks

Ian_W

It will probably show up as you will be asked if any alterations/extensions have been undertaken, the buyers solicitor should then ask to see l/hers consent.
Two options I think. Ask the l/h for retrospective permission for which they could charge you an unknown fee or agree to buy indemnity insurance to cover the buyer against the leaseholder coming after them for no permission.

Latter is probably best and cheapest option but you should discuss it with your solicitor, that's what you're paying for.

dander

I had a similar situation when I sold a flat a few years ago - I'd just knocked down an internal wall and hadn't realised i needed leaseholders permission. It came up in the legal questions when I was selling, so I contacted the leaseholder (in my case the local council) and asked for retrospective permission - they just came round, gave it a quick look and sent a letter saying everything was fine - didn't cost anything.
If I were you, I'd enquire with the leaseholder about whether they charge for these kind of consents, and if they do, how much (don't let on why you're asking!) and if the costs seem reasonable, do it that way.
I think as a general rule leaseholders are pretty unlikely to refuse consent for things - they're not like planning or building control in that they have quality standards and stuff to check for.

Richard_Webster

Although I know what you have all been getting at, can I make the point that the person who has the lease, i.e is entitled to property for the length of the lease term, that person is the leaseholder?

Unless there is a hierarchy of progressively longer leases the person you seek consent from will be the freeholder because you are the leaseholder!

If the landlord to whom you pay ground rent doesn't himself have the freehold then he will be the superior leaseholder because he has the superior lease.

RobbieS

Richard_Webster wrote: »

Although I know what you have all been getting at, can I make the point that the person who has the lease, i.e is entitled to property for the length of the lease term, that person is the leaseholder?

Unless there is a hierarchy of progressively longer leases the person you seek consent from will be the freeholder because you are the leaseholder!

If the landlord to whom you pay ground rent doesn't himself have the freehold then he will be the superior leaseholder because he has the superior lease.

Thanks, its all very confusing. Its such a long time since we last moved and I dont even remember any one mentioning the lease when we bought the property!