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Leasehold contract - Can it be amended?
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My guess is your lease would be the same. Anything (drilling or otherwise) that affected the structural integrity of the wall would need permission. A shelf would not. And how would the freeholder know anyway!
This is very likely. Nobody is meant to use common sense are they???RICHARD WEBSTER
As a retired conveyancing solicitor I believe the information given in the post to be useful assuming any properties concerned are in England/Wales but I accept no liability for it.0 -
Leases are generally 'take it or leave it'. People buying flats take on the existing lease with no opportunity to amend the terms. With a new lease you have some possibility to amend them though as Richard says a developer will be reluctant to have different properties on the development with different leases.
Requiring Freeholder permission for structural changes is in 99.9% of leases. Without seeling the precise wording it is hard to comment on the wall-drilling prohibition, but I would relate this to the Party Wall Act requirements. Under this Act, if a home-owner wants to do work on a Party Wall (ie a wall shared with a neighbour - eg a terraced house) there are procedures for informing the neighbour/getting consent. This is to protect the neighbour from you doing damage to a wall that he shares.
However it does not apply to minor, superficial work (drilling into the plaster to put up a shelf). It would apply if drilling in to the structural part of the wall to install a cross-beam as this could affect the stability of the wall.
My guess is your lease would be the same. Anything (drilling or otherwise) that affected the structural integrity of the wall would need permission. A shelf would not. And how would the freeholder know anyway!
That's what I thought. I'm currently buying a leasehold flat too and been to-ing and fro-ing with my solicitor and agent.0 -
Thanks RW.
It does seem strange though that we in fact MUST accept whatever conditions they've decided to put into the lease. So we don't have any choice / any voice in those conditions imposed on us...
You don't have to accept them at all. You can choose not to buy it....much enquiry having been made concerning a gentleman, who had quitted a company where Johnson was, and no information being obtained; at last Johnson observed, that 'he did not care to speak ill of any man behind his back, but he believed the gentleman was an attorney'.0 -
neverdespairgirl wrote: »You don't have to accept them at all. You can choose not to buy it.
So this is the only choice? either to accept them all or not to buy the flat? no chance to change the conditions? I just find it hard to believe...0 -
It's a matter to negotiate between you. But if they won't budge, then you can buy or not buy.
And the freeholder is liekly to want a standard lease on all the flats....much enquiry having been made concerning a gentleman, who had quitted a company where Johnson was, and no information being obtained; at last Johnson observed, that 'he did not care to speak ill of any man behind his back, but he believed the gentleman was an attorney'.0 -
It all depends how mainstream your position is. These days, some people are so in awe of 'authority' that they will accept these conditions and abide by them. Others will sign anyway and ignore the conditions through ignorance and others will sign and just drill holes in the walls, knowing full well that they signed not to do so.So this is the only choice? either to accept them all or not to buy the flat? no chance to change the conditions? I just find it hard to believe...
If there are enough like you who disagree - and who would go further and turn down the property on the same grounds, you can expect the builder to back down.Hi, we’ve had to remove your signature. If you’re not sure why please read the forum rules or email the forum team if you’re still unsure - MSE ForumTeam0
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