Removing wall in share-of-freehold flat

eddddy

DontTellMyMother wrote: »

Thank you, AdrianC.
I take the point about a majority being required - yet I've heard eddddy's comment (reasonable request cannot be refused) voiced before.
I wonder whether anyone has had direct experience of such a matter.
DDTM

Quoting lease-advice.org...

Where alterations are not completely prohibited, your landlord’s consent will be required but your landlord will not be entitled to withhold consent unreasonably where the alteration improves the property.

Link: http://www.lease-advice.org/advice-guide/understanding-your-lease/

If you were dealing with a 'professional' freeholder the process might go like this:

1. You instruct a structural engineer (and perhaps surveyor) to prepare plans.

2. You make an application to the freeholder, including these plans.

3. The freeholder instructs their own structural engineer and surveyor to check your plans (which you have to pay for).

If consent is then refused, and you think it's unreasonable, you can apply to The First Tier Tribunal.
See: http://www.lease-advice.org/advice-guide/application-to-the-first-tier-tribunal-property-chamber-2/

If an independent professional structural engineer or a independent professional surveyor says the changes are 'unreasonable' - I suspect that the tribunal would take their word for it.

Similarly, if an independent professional says the changes are 'reasonable' - I suspect that the tribunal would take their word.

I don't think the tribunal would put much weight on the opinions of non-independent 'amateurs' - like the leaseholder or joint freeholders.

DontTellMyMother

Fine ... some excellent advice all around.
Eddddy's scenario is succinct and helpful but let's hope it doesn't come to that.
DTMM