License to Alter for minor refurbishment

oleglondon

Good day.

I have bought a flat and would like to refurbish it. I have sent a list of proposed works to the managing agents and she has confirmed that the license to assign would be required only for changes to partition walls, internal doors and changing floors to wooden.

When I have contacted the FH solicitor regarding that they have quoted £950+VAT for everything what is quite steep so I am considering whether to do the alterations which require the license altogether.

However the solicitors are saying that the license would be required even to replace / refurbish the bathroom and replacing existing wooden floors despite what I was told by the managing agent i.e. I would have to pay anyway.

Who is right ie solicitors and I would have to pay to make any refurbishment or the managing agent and I would have to pay only for the partition walls and door works?

Any guidance would be much appreciated!

BitterAndTwisted

Who is right is the party who you need the license from. That is not the managing agent. They are responsible only for looking after the common-parts and, sometimes but not always, carrying out works at the direction of the freeholder.

I reckon you could probably get away with refurbishing a bathroom without anyone knowing about it. What's your attitude to risk?

oleglondon

My position is that in any case it would only improve the flat and therefore increase its value so guess I can get away with that as guess nobody will notice anyway. My concern is whether it would be possible to prove that when it will come to selling the flat and what the implications could be?

propertyman

Sounds like too many cooks.... its a licence to alter.

Establish who is dealing with it the agent freeholder or their solicitor and deal with one( even though they may all be involved).

1 : start with the lease, what does it say about what alterations need consent if any.

2: If you are changing the internal partitions as to layout that usually requires consent

3: As to wood floors, if you mean the floorboards or boarding ( and not an overlaid wood or laminate finish) then that normally requires consent.

4: if you do mean the overlay then check you lease to see if item as it often does, restrict coverings to carpeting.
And if you can lay the overlay you must msut must spend on a decent underlay and insulation if the floor is hollow, or you will drive people mad below you and end up having to do it all over again or carpet.

5: Doors well not really a consent item beyond complying with building regs or if it fundamentally changes the flat eg from a two bed into a open plan studio.

As to fees it depends if they want to do it be letter licence or a formal licence, the latter being more expensive.

It will need at least two inspections possibly more if the work is complex eg the walls are load bearing, and may reuire insepction of any building reg consents.

You have legal protection in that any costs have to reasonable and cannot be a price for giving consent only costs incurred.
http://www.lease-advice.org/publications/documents/document.asp?item=14#23

propertyman

BitterAndTwisted wrote: »

Who is right is the party who you need the license from. That is not the managing agent. They are responsible only for looking after the common-parts and, sometimes but not always, carrying out works at the direction of the freeholder.

That's not the case in most instances. The leaseholder has obligations to the freeholder as to repair and alteration, as set out in the lease.

Where an agent is appointed they are tasked to manage this matter, and may deal with all or some issues depending on the complexity of the works and the agent's abilities.

Swapping out like for like is not going to need consent, but a change in layout and pipe work may well do so, as well as building regs.

The leaseholders must also be aware of the lease terms as to noise and nuisance to others- no smashing out the bath at 9pm and dropping it at the communal refuse area :eek:

propertyman

oleglondon wrote: »

My position is that in any case it would only improve the flat and therefore increase its value so guess I can get away with that as guess nobody will notice anyway. My concern is whether it would be possible to prove that when it will come to selling the flat and what the implications could be?

Honestly that's irrelevant to the freeholder agents and others.

What they are interested in is
a: that what you do and how you do it does not have ramifications for others
b; that what is proposed gets done properly
c; yes some are in it for generating fees more than a or b

A buyer may see the changed layout and if the lease requires consent, then you are on the back foot if you don't have it. Very often they will be advised not to proceed its a standard question for purchasers solicitors.

Besides you told them and they might enquire- some landlords get very aggressive on unauthorised alterations and the fees that they can generate.....!

Read the lease and check what consent if any is needed.

oleglondon

Thank you - very helpful.

The exact reading is "Not to make any structural alteration to the Flat or to the external appearance thereof and not to make only internal non structural alteration without the written consent of the Landlord (such consent not to be unreasonably withheld or delayed)".

Basically what I would like to do is to:

1) Re-paint wall and ceiling everywhere
2) Change flooring like for like
3) Completely refurbish the bathroom without changing the piping but replacing a bathtub with a walk in shower
4) Re-jiggle the internal non-structural partition walls and doors
5) Install some additional lighting, entertainment system

My understanding supported by the managing agent is that only number 4 would require consent but the solicitor advised that all of them but number 1.

The idea is that I can live without number 4 as the cost of works is close to the cost of consent. But if all of them in fact require it I would need to suck it up and pay what I do not want to do given the sum.

Therefore I would much appreciate any additional clarify on the question.