Stud wall in leasehold flat

HampshireH

My sister and her partner are currently selling his studio flat which has a stud wall & door to separate the sleeping area.

It's been there over 10 years and was there before he moved in 10 years ago.

Buyer is asking to see the permission for it and the HA is now saying they wouldn't have granted it but they will check.

If the HA didnt provide consent where do they stand. This is pre exchange and there is a chain. This is a leasehold property.

He doesn't have any information about it from 10 years ago. Sister is worried sale will fall through based on this. The HA isn't known for its speedy or thorough responses.

Thanks in advance. I will point them in the direction of this thread so they can see any advice themselves.

eddddy

As a starting point, check the wording of the lease. What does it say about non-structural alterations?

a) Nothing (which means you can do them without consent)
b) They are allowed with consent
c) They are not allowed

If it's a), there's no problem.

If it's b), consent cannot be unreasonably withheld. But valid reasons for withholding consent might include: Failure to meet building regs, health and safety etc. (But you might have to pay to get retrospective consent, and to get the lease plan changed etc.)

If it's c), that's bad news. The freeholder can insist that the alterations are reversed.

HampshireH

Hiya

It's B. The HA has merged several times over the years and record keeping from back then isn't great.

I have explained about not being unreasonably witheld. I've also advise if it isn't on file they may need to pay for retrospective consent. Most HA have a fee for this

eddddy

So I guess you have to wait and see if they give consent.

If they refuse (with reasons), I'd consider showing a building surveyor their reasons, and see if the surveyor agrees with them. If the surveyor doesn't agree with the reasons, you can consider challenging them.

HampshireH

It's not my flat thankfully. I will pass that on. Having worked granting these permissions and retrospective historically I cannot see it being too much of an issue. Just not experienced in other comparable HA policies and what could happen if they say no.

m0bov

How do you know its not original? Have you looked in other flats in the block? If its an issue, take it down, unless the buyer would rather keep it! In what way is it an issue for the buyer?

eddddy

HampshireH wrote: »

Just not experienced in other comparable HA policies and what could happen if they say no.

The point I was trying to make is 'HA Policies' are irrelevant.

It's a matter of what is 'reasonable'. If a qualified professional building surveyor says an alteration is 'reasonable' - you might have a strong case.

But if the HA also finds a qualified professional building surveyor who says it's not 'reasonable' - you might have to go to tribunal. And the tribunal will look at the evidence from the surveyors and decide what is 'reasonable'.

If the alterations are not 'reasonable', they will have to be undone.