Small modifications in leasehold flat

chssvl

We're currently in the process of finalising the purchase of a leasehold flat (first time buyers). The terms in the lease say that authorisation is required from the landlord to make alterations to the flat but that it shouldn't be unreasonable withheld or delayed.

We need to do two pieces of work in the flat - change some of the flooring in the living room and extend the tiling in one of the bathroom. Nothing structural will be modified and the lease does not have any explicit prohibition on wooden or hard floors.

Our solicitor has said that these changes fall within the remit of what requires authorisation, but I'm not sure if he's just being overly cautious. Thing is that we need to make these changes before moving in and there will only be a window of just over a week between completion and when we have to move out of our current flat.

I've heard that some people just ignore this, but I don't know if this is a bit of a risky move.

Thanks

Ectophile

If you ask the freeholders or their managing agents for permission for anything, then they will most likely charge you an administration fee.

I can't think of any reason why anyone would bother asking about what is essentially just redecoration.

Freeholders aren't generally remotely interested in what you do inside the flat, so long as it's not structural.

chssvl

Thanks. I'm guessing our solicitors can't advice us to ignore the terms of the lease, but the whole thing seems a bit silly. I mean, if I spilled something and ruined the carpet, would I need to wait from authorisation from the LL before replacing it?

benjus

As Ectophile says, it is unlikely that redecoration would be considered an alteration, so I don't think it would be a case of ignoring the terms of your lease. If there are other flats below it there may be a clause about the type of flooring you can use.

chssvl

Thanks. I actually checked the lease and there are no restrictions on the type of flooring - part would actually be an improvement as I would be replacing ceramic tiling with vinyl click flooring with an underlay.

The estate agent also told me that another flat she sold in the building had the whole floor replaced because the buyer was allergic to carpets. Not sure if they did the whole LL authorisation thing, though.

Ganga

chssvl wrote: »

Thanks. I actually checked the lease and there are no restrictions on the type of flooring - part would actually be an improvement as I would be replacing ceramic tiling with vinyl click flooring with an underlay.

The estate agent also told me that another flat she sold in the building had the whole floor replaced because the buyer was allergic to carpets. Not sure if they did the whole LL authorisation thing, though.

You could always ask the estate agent which flat was she talking about and go and ask the owners,will give you a chance to meet your new neighbours.