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Leaseholds: freeholder's permission for alterations

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Comments

  • tbs624
    tbs624 Posts: 10,816 Forumite
    Yes , you need to formally request the consent of your joint FHer for the work to go ahead.

    You may find it helps to preface that with a f2f get together over a glass of wine to talk through your proposals.

    Depending on what alterations you are intending to make, you may need to consider a Variation of the Lease (by deed).Seek advice from a legal professional - I think there are some links via the Leasehold Advice website
  • Bricks
    Bricks Posts: 153 Forumite
    Part of the Furniture 100 Posts Name Dropper Combo Breaker
    thanks for the reply ts624.

    That's my intention I think, to discuss face to face and then make a formal request.

    What's the worst case scenario if they say no, though? What would happen next?
  • You can apply to court to have a covenant modified or released although there is probably a good reason for this one i.e. to prevent the building falling down if one person makes structural alterations that affect the other property. Provided you do not want to do anything unreasonable I cannot see why your neighbours would object - an improvement to your property is an improvement to theirs in a way.

    If the floor plan contained in the Lease will alter, you do need a deed of variation, and this is important for when you sell.

    Good luck!
  • Bricks
    Bricks Posts: 153 Forumite
    Part of the Furniture 100 Posts Name Dropper Combo Breaker
    Well - spoke to the downstairs neighbours and they seemed pretty relaxed about the whole thing and said they'd be happy to give consent. Just have to get them to put that in writing and it's sorted!
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