Answering Solicitors Enquiries?!?

Adly812

A year and a half ago, I replaced my wooden double doors and windows that were rotten and damp with upvc double glazing.
Now I'm selling my property and the buyers solicitors are asking for an approval certificate from the freeholder as apparently the replacement needed the lease freeholders certificate of approval.

I never knew this and don't have it?! What options do I have, as this is delaying conveyancing exchange dates. Will an idemnity insurance policy cover this scenario if it's taken out for the doors and windows? Help

anselld

What does the Lease state?
Request retrospective approval from the Freeholder if the lease confirms this is a requirement.

Adly812

That structural alterations need approval.
Will an idemnity policy not cover this ? As considering I've already done it a while ago, I'm nervous to ask permission at this stage and even more concerned how long an approval certificate will take to turn around?

sultanabran

Replacing windows isn't really a structural change is it? If the openings have remained the same size then it's a straight swap.

Adly812

I made sure it was like for like.. The main Frame stayed and was not altered . just the actual window annd doors replaced . I still also got asked for a fensa/buildings regulations certificate. I know an idemnity policy can act for that purpose. But I'm not sure if it will cover the freeholders lack of approval.
My buyer is not fussed and pleased he's got double glazing, it's his solicitor whose raised these enquiries

deuteronomy

I had the same issue selling my house recently, I just told my solictor I dont have any certs and had no intention of getting any, I also called the buyer who didnt care one jot and told her solicitor to ignore it.

ah this was not a lease though so this will probably not help!

anselld

It is not a structural alteration so no need for Freeholder permission (if that is the exact wording) however you should have a building regs compliance cert (FENSA or equivalent). Did you get it done properly?

Adly812

It was done by a Fensa approved company but they never gave me the certificate. My solicitors have taken out an indemnity policy for this purpose as the Buyers solicitors requested one. Happy with that I guess, but worried about the approval for the replacements. I know and agree it wasn't an alteration it was a replacement but they're being finicky with this ad I don't know what option I have? As it's been done so how am I suppose to gain approval for it now ? Will indemnity insurance be valid for this cause ?

G_M

Smb3088 wrote: »

I made sure it was like for like.. The main Frame stayed and was not altered . j

but it's not like for like is it?

replaced my wooden double doors and windows that were rotten and damp with upvc double glazing.

I believe this would be a structural change requirinf freeholder consent, but diubtless your solicitor can advise, based on the precise wording of the lease.

goodwithsaving

sultanabran wrote: »

Replacing windows isn't really a structural change is it? If the openings have remained the same size then it's a straight swap.

Depends if it stipulates frame colour (which I believe hasn't changed), patterned effect of opaque glass etc and if the new ones have deviated

eddddy

I would try things in this order...

1. Tell the buyer (via there solicitor) that according to the lease, freeholder consent is not required. But if the buyer's solicitor insists...

2. Offer to pay for indemnity insurance for breach of leasehold covenant. If the buyer's solicitor still refuses...

3. Ask the freeholder for retrospective consent.


The problem with option 3, is that if the freeholder knows that you urgently need consent in order to sell, some freeholders might try to fleece you for a large fee - knowing that you don't want to waste time arguing about the fee.