Improvements to leasehold flat - heating options

flatbuyer1

My lease (100+ years still to go in a residential development) contains terms including :

x.x.5 It is not permitted to make any alterations, additions or improvements to the property without the prior written consent of the landlord.

x.x.6 It is not permitted to make any structural or external alterations additions or improvements to the property nor to cut, maim, alter or injure any of the walls or timbers

I propose to make what to me seems like an 'improvement' which is to disconnect and remove a radiator in the lounge and fit new skirting boards along the same wall which have heating elements inside or mounted on them (e.g. Thermaskirt or fitting a Smiths Sureline skirting level kit, as examples).

This would give me a more flexible internal space for fitting my furniture into, without needing to remove or damage any walls or replace timbers, so doesn't seem to contravene x.x.6

My question: given the language at x.x.5, is this definitely an 'alteration, addition or improvement' to the property which requires consent? To me it would improve my living situation but I would not be changing anything structural (e.g. supporting wall) or something that changes the floorplan (e.g. a room divider) or even the specification of the gas central heating system (in terms of heat output in BTUs). If I made the change and the freeholder didn't like it, it would be relatively cheap to tidy up the skirting and install a traditional radiator again as I currently have, it's just in the way...

I guess what I am saying is - I think I should probably ask freeholder permission but as this will take time, effort and risk rejection I would prefer not to do that if the lease can be reasonably interpreted as not needing approval for such things. For example do I need to consult freeholder to replace the oven in a fitted kitchen - it's screwed into the wall but the wiring can clearly be unplugged, and the model of oven is no longer made, so any change would improve the speciifcation to a current model and 'alter' what was there when I moved in; How about just changing the lightbulb in the extractor fan unit which has failed ? I make this tongue-in-cheek comment as something that is an 'alteration, addition or improvement is perhaps not clear cut or set in case law.

Thanks for any input.

JohnnyZee

I would just go ahead without informing the freeholder. In my experience, permission takes a lot of time and sometimes you may also have to pay a fee for seeking that permission.

In any case, if the freeholder finds out you have changed something, they will just ask you to put it back to its original condition. Just go ahead and make the changes. But do not tell your neighbours etc! All the best.

Tom99

If you just go ahead which is the easiest solution, what will you tell your buyer when you sell and they ask if you have made any alterations requiring the freeholders consent?

anselld

It is certainly and alteration, not sure about improvement.

Presumably you know you will need to replace the majority of the skirtings in the room to compensate the removal of the radiator. Then presumably it follows you will need to do the whole flat to match cosmetically.

What is the heat source for the current “radiator”? If it is gas central heating or night storage electric you will have a detrimental effect on energy efficiency ( and EPC) when you sell.

If you don’t ask permission you might get away with it but it could still be a costly mistake.

AnotherJoe

You could take the view that this is maintenance. eg if the radiator broke, you'd need to replace it. In this case you are replacing it with a different type but i dont see any wording that precludes it.

I'd just get on and do it, who is going to know? When you come to sell it, it depends what you are asked as to how you answer.

I disagree that you'd need to replace the rest of the skirting in this room or the rest of the flat. There's no stylistic law or more importantly clause in the lease that says that.

davidmcn

I expect there's some case law about it, but my immediate view would be that it's only "alterations" or "improvements" which would have some impact on the interest of the freeholder (and perhaps other leaseholders) which are being referred to here - so knocking down walls, replacing windows etc. Otherwise where do you draw the line?

flatbuyer1

Thanks all.

The existing radiator is running off gas central heating. Speaking to a plumber it seems a cheaper and easier solution for me would be to simply change the existing large radiator for two smaller ones along the same wall, and not mess about with skirting heating, underfloor heating etc. This would give a slightly lower overall heat output but there is already another radiator in the same room so it's not going to be cold. It would not quite be 'replacing like with like' but it's all the same type of system and to revert and make good the plasterboard behind would only be a day's work in the future if someone didn't like it.

what will you tell your buyer when you sell and they ask if you have made any alterations requiring the freeholders consent?

I think 'play dumb' might be the answer here, but after checking with my solicitor at the time on 'how to play it'. Thinking it through I suppose they would not want to be complicit in a cover-up and could only advise me to answer the questions truthfully, and tell me whether they think changing a radiator in the flat into two smaller ones is an 'alteration or addition' that warrants disclosure.

From a practical perspective, the freeholder will not inspect the flat pre-sale and the lease plans do not show the number of radiators. But if the sale is in five years or so, the photos of the flat when it was previously on Rightmove (and prior to that, on other sites when being let out) will show that room having only one central radiator on that wall, so a buyer may notice I have made a change.

If you don’t ask permission you might get away with it but it could still be a costly mistake.

Seems it could be costly in terms of

- freeholder is alerted to it and demands it is reverted pre sale (costs to replace and make good and repaint the wall, delay to sale)

- buyer doesn't want it after it is reverted, or becomes generally uneasy that there may be other changes that were not alerted to freeholder earlier - i.e. not whiter than white behaviour (price reduction or potential loss of sale, remarketing)

This doesn't seem ideal but I may 'get away with it' and if not, I would have had more enjoyment from the flat over the years if I make the changes; without the eventual cost to rectify being a dealbreaker for every potential buyer.

So I think I will probably go ahead - apologies if this sounds like another one of those threads where OP comes for advice, gets advice, goes ahead and does what he was going to do anyway after selectively hearing the answers he wanted to hear.

AnotherJoe

I think thats the right decision or at least its what i'd do, which comes to the same thing

If asked if you have made any alterations regarding freeholders consent, obviously not or you would have asked, you merely replaced a faulty radiator soemthing that doesnt need notification (teh fault being it was in the wrong place and was the wrong size but who's to know?)

When the time comes do not ask your solicitor though, they are duty bound to give the most *rs* covering excuse (for them not you)