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"Structural alterations" - leasehold flat

thoughts
thoughts Posts: 21 Forumite
Part of the Furniture Combo Breaker
edited 19 November 2015 at 8:19AM in House buying, renting & selling
Hello

I would really appreciate it if you could let me know if I have any problems with putting in a new bathroom in a leasehold flat. I hadn't even thought about asking for permission but with it all arriving in a couple of days I am panicking a little!

In the notes my solicitor provided me with regarding my lease she wrote that "Clause 8(ix) provides that you may not make any structural alterations to the premises without the Landlords consent."

The clause that this refers to is written as "NOT to cut maim alter or injure any of the principal walls timbers or stucco work on the Premises without the previous consent in writing of the Lessor".

I take this to mean that I can't knock down any walls, or put in windows etc, but I'm ok to put in a new bathroom. I'm really worried I may have got it wrong though so would really appreciate it if people could let me know either way!!

Thanks
Susie
«1

Comments

  • G_M
    G_M Posts: 51,977 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    When you say 'put in a new bathroom' what do you mean?

    * Re-fit an existing bathroom? eg new bath, loo, shower, basin + tiling etc?
    * convert a bedroom into a bathroom, running new pipes, sewers etc ino the room?
    * creating a new room eg knocking down/moving walls etc?
  • Hi

    Thanks for replying. Yes I just mean re-fit an existing bathroom. So new bath, basin, toilet, tiles (both wall and floor), plus put in a shower (still above the bath but not running directly from the bath taps). I'm also planning to put in underfloor heating, and re-plaster the ceiling to put in spot lights.

    Thanks again
  • marksoton
    marksoton Posts: 17,516 Forumite
    I'd say you're sailing close to the wind. Especially with the underfloor heating...
  • G_M
    G_M Posts: 51,977 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    yes, basically internally to the room, no problem. So new bath, loo basin etc.

    But start messing with the walls floor and ceiling and you are into 'structure'.
  • Thanks for both your responses. With the underfloor heating, I'm not changing the floor as it is, it's just a mat that fits on top of the existing floor, and then the tiles go on top. In terms of the ceiling, again I'm not removing the existing ceiling, but plastering over it. Do you think I need permission for either/both of these? I'm worried because it may take some time for them to get back to me, and it costs nearly £100 just for them to consider the proposal! I could probably do the ceiling at a later date, but the floor would need to be done at the same time as the rest of the bathroom...

    Thanks so much again!
    Susie
  • KiKi
    KiKi Posts: 5,381 Forumite
    Part of the Furniture 1,000 Posts
    So you're not pulling anything up and changing it - you're adding on top of the current floor and on 'top' of the current ceiling?
    ' <-- See that? It's called an apostrophe. It does not mean "hey, look out, here comes an S".
  • Well I'm taking up the laminite floor tiles (some of these had already been removed before I even moved in), but not the floor below it, and yes on 'top' of the current ceiling. I was told it could just be plastered over, rather than anything having to be removed.
  • marksoton
    marksoton Posts: 17,516 Forumite
    An alternative view.

    Why not inform the freeholder and put the emphasis on him to point out any lease conditions they consider broken?

    It's potentially a double win for you and could provide indemnity...
  • That's a very good idea! I fear that I will get the standard response that I got when I was requesting changing the windows though, that is not specific to the request, stating that I need to pay £78 for them to consider any alterations and the details they require to consider it (including whether it is a listed building or not...which I find ridiculous as they should know that it isn't being the freeholders but hey ho!)

    Thanks so much, your advice is invaluable! :)
  • G_M
    G_M Posts: 51,977 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    marksoton wrote: »
    An alternative view.

    Why not inform the freeholder and put the emphasis on him to point out any lease conditions they consider broken?

    It's potentially a double win for you and could provide indemnity...
    My instinct is that what OP is proposing does not need freeholder consent.

    Informing the freeholder could open a can of worms. Depending who the freeholder is (individual living in one of the other flats? investment company?) they might well refer the matter to their surveyors, at OP's expense of course, to check what's being proposed and advise the freeholder on their course of action.
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