Buying a leasehold flat, have concerns about the conditions, need advice?

hankkosovo

The conditions I'm concerned about are:

1. Not to make any alterations or additions of a non-structural nature to the interior of the premises without the previous written consent of the landlord and the management company.

Does this mean that I can't replace the kitchen or install a fitted wardrobe without first seeking permission?

1. Not to use any blind, curtains or other window decoration without the management companies and the landlords written approval.

I'm aware that conditions in a lease are quite normal, but these seem particuly restrictive and I'm wondering if any one has encountered this before and what exactly it means?

propertyman

The non structural phrase is key.

Fitting a wardrobe is not going to need consent as it is a teants (leaseholders) fitting.

As to the kitchen as long as the location is the same, your not moving it or relocating the pipes and wiring etc, and swapping out with related changes it wont need consent.

Just do be careful that you observe the general conditions in the lease about noise and disturbance and watch your work hours and remember that you only have the right to walk over the common areas, not turning the garden into a workshop or storing or disposing of the waste in the bin areas expecting someone else to take them etc.:eek:

cattie

I actually read it different from Propertyman as I see it as telling you to seek permission for both structural & non structural alterations or additions.

How old is the flat? Only I used to own a Victorian maisonette that had one or two unusual clauses in the lease, one of which was requesting leaseholders to seek freeholder's permission on choice of colours etc. before decorating any internal part of the maisonette.

I spoke to other owners in the street & nobody had ever abided by this in living memory & of course the original freeholder had long since died & freehold owned by somebody completely different. It had probably changed hands on more than one occasion too.

The maisonette itself had changed hands numerous times since it was built, with never a problem selling on. I sold it myself 4yrs after buying, so the odd clauses in the lease never put anybody off.

Leases are difficult & costly to change & so no doubt any of the new freeholder's buying after the lease was originally drawn up in the late 1800's just didn't see the point of going to the expense of trying to change outdated clauses. It's quite possible that they didn't even read the leases fully when buying the freehold as an investment.

I think if I were you I'd have a word with other leaseholders if possible to see how they view it & also contact the managing agents if they are approachable.

propertyman

cattie wrote: »

I actually read it different from Propertyman as I see it as telling you to seek permission for both structural & non structural alterations or additions..

Which would be wrong.:) It is clearly worded -not to carry out non structural additions or alterations without consent, full stop.

There must be a separate provision on structural alterations or it may be that the structure of the building have nothing of a structural nature capable of being altered or added to within the premises, or an omission as we haven't seen the entire lease nor know the building.

This after all is what I do......