Help - Held to Ransom - Retrospective Consent for Windows - Changed by Previous Owner.

jaikom

Hello,

Hope you can help. I am selling the Leasehold property that I purchased in 2014 and I have been advised that I will need to Pay £600 for the retrospective Consent for the windows that were changed by the previous owner in 2009. They changed windows to double glazed and look exactly like all other flats and are Fensa certified.

I asked my previous solicitor as to why was this not checked before we purchased and they quoted that the windows are not considered structural change and do not need Freeholder's consent.

The lease was even extended after the windows change was carried out.

After many conversations, my current solicitor on advice from their litigation department agreed that the windows do not require the consent but suggested that if I want to challenge the freeholder then I have to take up with litigation and this might delay the process and incur additional fees.

I was worried that my sale would fall through and I did not want to lose the property I am purchasing so I considered this and paid the solicitor.

Now, the freeholder has come back asking for more money to get the survey carried out for 295+vat with a caveat that if work is unsatisfactory then revisit charge of 195+VAT will had to be paid.
I am worried that if I pay this charge then freeholder would probably state that the work is unsatisfactory and this would mean I have to pay to get the windows changed and pay additional survey charges.

All of the charges do not seem reasonable and it seems that I am being held to ransom.

I am not sure what measures to take. Should I pay the money ( May have to take out of overdraft or cc)and get out?
Can I take this to the tribunal and get a refund for the 600 I paid before?
Any Ideas how long does tribunal take?
Can I take the freeholder to the tribunal after I complete the sale?

Please advise....

Regards,
JK

Mutton_Geoff

jaikom wrote: »

I asked my previous solicitor as to why was this not checked before we purchased and they quoted that the windows are not considered structural change and do not need Freeholder's consent

They are wrong. The terms for any changes/improvements to the flat will be contained within the specific lease. I changed old 1980s timber windows in a BTL flat I had and I had to pay the freeholder a fee of quite a few hundred quid to agree to allow me to change them. It seemed like a rip off but the condition was part of the lease so I had to pay.

G_M

What does the lease say?

jaikom

The lease says “ Not anytime to make any structural alterations or additions to the demised premises nor to carry out any development therto nor to change the user Therof( within the meaning of any legislation for the time being relating to Town and country planning) without the previous consent of the lessor and the company in writing.

jaikom

The lease says “ Not anytime to make any structural alterations or additions to the demised premises nor to carry out any development therto nor to change the user Therof( within the meaning of any legislation for the time being relating to Town and country planning) without the previous consent of the lessor and the company in writing.

eddddy

These are administration fees. Assuming the amounts aren't specified in your lease, the law says that admin fees must be 'reasonable'.

i.e. The fees must reflect the amount of work the freeholder has to do and/or the costs they incur.

Perhaps the best plan is to...

• Ask for a breakdown of the £600 and the £295+vat and the £195+vat (i.e. The work that they will be doing and/or the costs they will incur.)

• Tell them that you intend to pay under protest, because you believe that the fees are unreasonable and/or not payable, and you intend to challenge them at a tribunal. (It's important to say that you are paying under protest.)

• Some freeholders sometimes reduce their fees, if you threaten a tribunal.

• If you then want to take it further, you can pay a £100 fee, and challenge the admin fees at a tribunal. (The tribunal can determine what fee is 'reasonable', and potentially order the freeholder to pay you back the £100 tribunal fee as well).

Doozergirl

Windows are normally something that need a freeholder's consent. A block of flats would look very silly if everyone had different windows.

I think that windows are structural. A house without windows isn't sound and dry. It replaces the walls in areas only to allow light and ventilation.

AdrianC

£600 seems cheap compared to the costs of challenging.

Yes, your previous solicitor probably should have picked up on it. Bad solicitor. No biscuit for solicitor. But remember they never visit the property...

starving_artist

Doozergirl wrote: »

I think that windows are structural. A house without windows isn't sound and dry. It replaces the walls in areas only to allow light and ventilation.

In a sensible world this would be true but you only have to look at the litigation in this area to see that there is a lot of argument about this kind of thing. The law even has difficulty in defining what a house is.

eddddy

AdrianC wrote: »

£600 seems cheap compared to the costs of challenging.

As I explained above, the cost of challenging at a tribunal is £100.

And the tribunal can order the freeholder to repay the £100 to the leaseholder, if appropriate.

The process is designed to be accessible to 'ordinary' leaseholders, without legal representation etc.

But the first step is to ask for a breakdown of the £600, and to explain that it's being paid 'under protest'.

The leaseholder can then decide:

• Whether any fee at all is payable under the terms of the lease
• Whether the £600 is reasonable - based on the breakdown

And therefore decide whether to challenge it.

jaikom

eddddy wrote: »

These are administration fees. Assuming the amounts aren't specified in your lease, the law says that admin fees must be 'reasonable'.

i.e. The fees must reflect the amount of work the freeholder has to do and/or the costs they incur.

Perhaps the best plan is to...

• Ask for a breakdown of the £600 and the £295+vat and the £195+vat (i.e. The work that they will be doing and/or the costs they will incur.)

• Tell them that you intend to pay under protest, because you believe that the fees are unreasonable and/or not payable, and you intend to challenge them at a tribunal. (It's important to say that you are paying under protest.)

• Some freeholders sometimes reduce their fees, if you threaten a tribunal.

• If you then want to take it further, you can pay a £100 fee, and challenge the admin fees at a tribunal. (The tribunal can determine what fee is 'reasonable', and potentially order the freeholder to pay you back the £100 tribunal fee as well).

Thank you so much. I will do this.