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Vendor does not have Landlord's consent for alterations
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onix22
Posts: 53 Forumite
Hi all,
We are FTB in process of buying a flat and nearly at the exchange we found out the buyer does not have any documents related to alterations of the flat.
The Property has been altered. A stud wall was put up to make a second bedroom approximately eight to 10 years ago. The vendor states that Building Control attended the Property and signed-off with her builder regarding the fire doors. She also had some correspondence with the Landlord at that time who approved the works prior to it taking place, however, has not retained any paperwork.
Our solicitor advised us either to ask the seller to obtain retrospective consent which may take a considerable amount in time or ask the seller to put in place an indemnity policy which will cover your costs if the landlord ever challenged the works to the property.
We are afraid we will have problems in a future sale if there is no documentation from the landlord.
Would an indemnity policy suffice for peace of mind?
Thank you!
We are FTB in process of buying a flat and nearly at the exchange we found out the buyer does not have any documents related to alterations of the flat.
The Property has been altered. A stud wall was put up to make a second bedroom approximately eight to 10 years ago. The vendor states that Building Control attended the Property and signed-off with her builder regarding the fire doors. She also had some correspondence with the Landlord at that time who approved the works prior to it taking place, however, has not retained any paperwork.
Our solicitor advised us either to ask the seller to obtain retrospective consent which may take a considerable amount in time or ask the seller to put in place an indemnity policy which will cover your costs if the landlord ever challenged the works to the property.
We are afraid we will have problems in a future sale if there is no documentation from the landlord.
Would an indemnity policy suffice for peace of mind?
Thank you!
0
Comments
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What are you buying. Are you paying for a 2 bed flat or are you paying for a 1 bed with one of the rooms divided up to make it smaller by adding a bedroom? There could be a huge difference in price between a 1 bed that hasn't been altered and a 2 bed that is exactly the same size but has had one room divided into two.0
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If you’re happy with the flat and that the two new bedrooms are both of adequate size to properly be used as bedrooms, i’d be going with the indemnity.
If they are tiny, or one is, or the wall is flimsy, or the layout is awkward, that will be the issue not the paperwork!0 -
It may be worth reading the lease, to help you with your decision.
It might say:
a) No alterations
b) No alterations without the consent of the Landlord/Freeholder
If the landlord finds out about the wall and denies giving consent (and you have no docs to prove otherwise) ...
If the lease says a), the worst case scenario is that the landlord makes you remove the wall.
If the lease says b), the worst case scenario is probably that you have to pay fees for retrospective consent, and a new lease plan.0 -
It may be worth reading the lease, to help you with your decision.
It might say:
a) No alterations
b) No alterations without the consent of the Landlord/Freeholder
If the landlord finds out about the wall and denies giving consent (and you have no docs to prove otherwise) ...
If the lease says a), the worst case scenario is that the landlord makes you remove the wall.
If the lease says b), the worst case scenario is probably that you have to pay fees for retrospective consent, and a new lease plan.
The Lease states 'No alterations wothout consent'.
However, the vendor declared the stud wall was erected 8 years ago. Does the 4 year rule apply here? Would the alteration become lawful after this period? Shall we ask for a certificate of lawfulness, do you think it would help?
Our main concern would be a future sale.0 -
Is your lender aware and if so what is their position ?0
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Lenders will be happy with anything which can be covered by a suitable indemnity policy. And that really ought to be your touchstone - if the lender doesn't think the value or marketability of the property is adversely affected, that's because they are of the opinion that (generally) buyers won't be concerned.AnotherJoe wrote: »Is your lender aware and if so what is their position ?0 -
AnotherJoe wrote: »Is your lender aware and if so what is their position ?
No, they are not aware. Do we need too inform them?0 -
If we want to make any alterations in the future, will the indemnity insurance become invalid? What will be the consequences for us?0
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