No Alterations clause in Lease

tizzle6560

Would very much appreciate some advice on whether or not people feel that this falls short of the conditions of our lease:

Context

- We own a ground floor flat in a Victorian house conversion.

- Attached to the rear bedroom (on ground level) is a small annex room- likely an old outside toilet/ coal store.

- At some point in the past, this room had been opened up and adjoined to the bedroom, but has subsequently been plasterboarded up; cutting it off from the bedroom again.

- Said annex room sits on/within the drawn Lease plan of what is considered as 'The Flat') in my lease agreement.

The Lease document and plan itself states that The Flat is specified as -
- the internal walls bounding the flat
- the internal walls and partitions lying within the flat
- The whole of any non-structural internal walls
- All conduits which are laid in any part of the building and serve exclusively The Flat

However, the Lease also states under 'Alterations'
"Not to make any structural alterations or additions to any part of The Flat without consent from the Lessor

So here lies my question -

Considering we are specifically talking about 1 section of plasterboard covering up a preexisting internal doorway -

Do I absolutely need the Freehold owner's consent to open this room up again? OR do we already own it??

TIA

AdrianC

I wouldn't say cutting a doorway in a sheet of plasterboard was a structural alteration. If the plasterboard is just covering an existing doorway, then definitely not.

AnotherJoe

Open it up, when you leave, close it up again.
I am wondering though, is this a single skinned extension? Likely to be very cold and possibly why it was boarded up again.

need_an_answer

My interpretation of it would be that you own the lease on it but want to change the use so may require the permission of the freeholder.

In effect if it was boarded up when you moved in you now want to open it up.

Considering it has presumably once been opened and then blocked I would not expect there to be an adverse decision on your request unless it was deemed that it needed to be blocked for a reason of safety or being uninhabitable.

I personally would request the permission which hopefully would be forthcoming and straightforward.

eddddy

Looking at this from another angle...

If you decide to remove the plasterboard without telling the freeholder, the freeholder will probably never know.

But when you come to sell, you will be asked about alterations, freeholders consents etc. Depending on what you answer, and how your buyer responds to your answer - it might turn into a headache.

AnotherJoe

eddddy wrote: »

Looking at this from another angle...

If you decide to remove the plasterboard without telling the freeholder, the freeholder will probably never know.

But when you come to sell, you will be asked about alterations, freeholders consents etc. Depending on what you answer, and how your buyer responds to your answer - it might turn into a headache.

... unless they board it up again. Possibly like the last inhabitant did?

tizzle6560

need_an_answer wrote: »

I personally would request the permission which hopefully would be forthcoming and straightforward.

Firstly, I really appreciate everyone's advice on this.

Secondly - I did the 'right thing' and asked the owner of the Freehold (a horrible company who bought our Freehold as part of a portfolio of 250!) for permission - and they have come back with

Charge:
£500 Premium
£450 + VAT for In House Legal Fees


Look like I'll be tearing that wall down and plugging it back up again! :T

need_an_answer

tizzle6560 wrote: »

Firstly, I really appreciate everyone's advice on this.

Secondly - I did the 'right thing' and asked the owner of the Freehold (a horrible company who bought our Freehold as part of a portfolio of 250!) for permission - and they have come back with

Charge:
£500 Premium
£450 + VAT for In House Legal Fees


Look like I'll be tearing that wall down and plugging it back up again! :T

I'm sorry ...when I wrote my reply I didn't see anywhere in your opening post that you have obtained an answer from your management company.

really you had your answer and know how you wish to proceed....

tizzle6560

need_an_answer wrote: »

I'm sorry ...when I wrote my reply I didn't see anywhere in your opening post that you have obtained an answer from your management company.

really you had your answer and know how you wish to proceed....

I quite literally only just received a response.

I am also of the impression that the more you chase for an answer from these companies, the more they know you 'want what you're asking for', and then charge a premium based on that.

need_an_answer

We are here to give correct advice...yes you should approach your freeholder.

I can and others can now see that you've been given a set of very high charges to obtain permission.

Given the same situation I personally might not bother getting the permission but that still is going beyond the lease and could if found out or reported be grounds to revoke your lease.

I have no idea how many property inspections are made in truth,and chances are you'll never be inspected but a rule is a rule and you choose to ignore at your peril knowing the potential consequences.

eddddy

tizzle6560 wrote: »

Secondly - I did the 'right thing' and asked the owner of the Freehold (a horrible company who bought our Freehold as part of a portfolio of 250!) for permission - and they have come back with

Charge:
£500 Premium
£450 + VAT for In House Legal Fees

If they're saying that a 'premium' is payable, that suggests that they are granting you something beyond the scope of your lease.

For example, it could be that they think that the annex is not included in your lease, so they are charging you £500 for the annex.

If you want, you can ask them to clarify why they think a premium is payable.

Also, will your leaseplan need to be altered?