Shared freehold consent

Sunnyside3

Hi there,

We have bought an upper maisonette, which is leasehold with share of freehold (the downstairs flat own the other half of the freehold).



We have the loft space demised to us. We want to do a loft conversion. We know that planning permission will not be an issue as we're doing the same as every other flat down the road, however we are worried about freeholder consent.


Our lease says we have the right to to repair, cleanse and amend the exterior and interior (including landlords fixtures and fittings) of the demised premises....including the ceilings, walls and floors and joists and beams provided we give reasonable notice. Elsewhere it says that we need freeholder consent to cut or maim walls and ceilings.


The people downstairs tried to buy the flat, but lost out on sealed bids, and them proceeded to deliberately hold up the purchase process by taking a very long time to sign the freehold transfer - so we are expecting trouble. Given we have the right to "amend" the demised premises, is there any way they can prevent us from doing this legally?

Thanks for any advice!

KiKi

I'm not an expert, but I also have the same set up in my property. AFAIK, if you have a Share of Freehold arrangement, then you will need their agreement to make changes. It will depend on the leases, but I'd say that's quite major works which impact the property including walls and ceilings.

Of course, the reality is, will they really stop you? And if you do go ahead, what are the consequences? Instead of asking for consent, you could just tell them you're doing it with reasonable notice and see what happens - they may not even stop to check and see whether it's allowed.

Hopefully someone with definitive legal info can tell you better than I!
KiKi

G_M

If you just went ahead, they could go to court to get an order stopping you. Ignoring that would be Contempt of Court (ie prison).

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