Licence for alterations - how long can it take?

Lunchbox

Does the balcony definitely fall within the demised premises on the deeds? Many don't on modern buildings, and are on 'right to use' rather than owned by the leaseholder. Ours is also timber but we're forbidden from making any alterations to it at all. Just worth checking!

euromike

Yes balcony definitely within demise. One of the things we paid a lot of attention to before exchange

What worries me is G_M's post (now deleted?) suggesting that my lease clause are somehow more restrictive than I originally thought and wrote here..

G_M

I'll admit that when I first read your first post, I misread. I missed the 'non' and read it as:

not to make any structural alterations without the consent of the landlord

which seemed logical.

Now that
a) I've realised it referred to 'non-structural alterations and
b) you've placed it in context (so that it still makes sense)

yes, it is much more restrictive.

Clearly you cannot make any alterations without consent.

Your solicitor has said ""as long as non-structural, you'll get consent and be fine" - so I do wonder why you're here seeking amateur advice from internet wierdos, however, for what it is worth, you cannot guarantee you'll get consent.

True, chances are you will. But the LL may request alternative changes, or just may refuse leaving you with a battle. Again, you may ultimately win any such battle, but it may involve time, stress, hassle, money.

It all dependson the freeholder.

But the meaning of the clause itself is clear. Whether it can be, or will be, enforced is unclear.

euromike

Ok, thanks. What are "alterations" then?

Replacing wooden floors like for like? (Not IMO?)
Re-doing bathrooms?
Kitchen?

Or is it, really, just the bit about moving the door that I'm asking consent for?

And again - all people in the building, and all people with leasehold flats that I know, never seek such consent. Is this what you'd call standard?

My solicitor has been pretty useless throughout the process, so I didn't think she would help here

eddddy

As I said in post #4, I don't think you should be concentrating on what is/isn't an alteration.

I think you should be concentrating on what is/isn't an "unreasonable delay" in giving approval.

I would write a letter/email saying something like:

I believe that you are delaying my application unreasonably, in breach of clause 8.2 of the lease. You have not explained why you believe this delay is reasonable. The situation is aggravated because of your refusal to discuss the matter, or provide any kind of estimated timescale. Unless you reply to me by xx/xx/xxxx explaining why you believe the delay is reasonable, I will start the alterations and/or start claiming damages.

And see how they respond.

euromike

eddy, but this is, clearly, equivalent to escalating the situation. The freeholder have been really good in replying to my queries, agreeing to do work I need (say on the roof above my flat), etc, so I really think this delay boils down to one uncooperative person in the chain.

So what I'm thinking of doing is, carrying out all the works which clearly don't require consent, while giving myself a few more weeks before escalating. Hence my question about what constitutes an alteration.