FTB - breaches of lease - indemnity

andras

It was very interesting to read the thread. I am in a very similar situation. The sellers have moved an internal wall without the consent of the landlord. They refuse to contact the landlord because it would put them on notice of a potential breach.
The Lease does say that they have to request consent for internal alterations.
I am concerned for the same reasons as mahoney1975.

My solicitor first requested a restrictive covenant indemnity insurance from the seller, but now he changed his mind and suggested that it would be covered by the title indemnity policy (SCIP policy) he suggested earlier.

How did you decide in the end? Did you walk away, or did you go with the indemnity policy? If so, what indemnity policy should cover for this issue?

Thanks for anyone chipping in!

propertyman

Have you read the lease to see if consent for an internal partition being moved even needs consent?

andras

propertyman wrote: »

Have you read the lease to see if consent for an internal partition being moved even needs consent?

I have, and I quote: " [...] not to alter amend or add to internal layout and design of the Premises or any part thereof without the Lessor's consent (such consent to be unreasonably withheld)."

It would be good to know what indemnity policy I can take for this.

As far as researched, it could present an issue once I want to sell the property, or if I want to make any further alterations, or when I want to extend the lease.

Is it usual to make such alterations without the consent of the Landlord?

zarf2007

gwynlas wrote: »

Go ahead with indemnity policy for peae of mind. you own share of freehold and very inlikely that other shareholders likely to demand you return flat to original condition particularly as no one knows if they have made similar internal changes. Wooden floors are very in at the moment so many others might already have them. Do you have a managing agent that you could ask?

This.

When I bought my flat even though it was ground floor there was a lease stipulation that wood floors were not allowed. However the previous owner had wood floors in every room and most of the other owners even in 1st & 2nd floor flats have the same so just because it is in the lease does not mean it is strictly enforced.....I took the attitude that worst case I'd have to spend a few hundred pounds (which the indemnity policy would more than likely cover) putting carpet over them but as it was share of freehold I could also force other owners to do the same if it came down to it...

its not worth walking away from...

andras

zarf2007 wrote: »

This.

When I bought my flat even though it was ground floor there was a lease stipulation that wood floors were not allowed. However the previous owner had wood floors in every room and most of the other owners even in 1st & 2nd floor flats have the same so just because it is in the lease does not mean it is strictly enforced.....I took the attitude that worst case I'd have to spend a few hundred pounds (which the indemnity policy would more than likely cover) putting carpet over them but as it was share of freehold I could also force other owners to do the same if it came down to it...

its not worth walking away from...

thanks for the response.
In my case, I would not actually own the freehold. I am still not sure which indemnity policy could cover me for this case?

zarf2007

andras wrote: »

thanks for the response.
In my case, I would not actually own the freehold. I am still not sure which indemnity policy could cover me for this case?

your solicitor should be able to advise on that....also if possible see if any of the existing owners have wood flooring...tbh even if you dont own a share of freehold its highly likely that unless you are stomping round like an elephant and making a nuisance the mgmt company/freeholder has more to do with their time than inspect floors!

andras

zarf2007 wrote: »

your solicitor should be able to advise on that....also if possible see if any of the existing owners have wood flooring...

Thanks again.

Yes, solicitor has been asked.
In my case, one of the walls have been moved, it is not about the wooden floors. I know that others have moved/removed walls, but I dont know whether they had the consent of the Landlord to do that.