Can you build on leasehold garden land?

Mokka

A friend wants to buy a house, which is a bit too small but comes with planning permission for an extension. The problem is that although the house is freehold, the land on which the extension would be built is leasehold (999 year lease)The lease says written permission must be obtained prior to building. The seller showed her an email from the previous freeholder consenting to the built. But there is now a new freeholder, can they reverse the decision? There is no other paperwork, just the email.
If they wotheld consent could she rely on section 19(2) of the Tenand and Landlord Act 1927 (consent for improvements cannot be unreasonably withheld)?

phill99

So the proposed extension is actually on a piece of leasehold land, but the actual house in question is freehold.


In terms of L&T Act 1927, you need to confirm if the Act applies itself to ground / building leases as opposed to occupational leases.


And TBH, you would be better seeking legal advice rather than relying on well meaning individuals.

eddddy

Mokka wrote: »

But there is now a new freeholder, can they reverse the decision? There is no other paperwork, just the email.

If consent was granted, the change of freeholder shouldn't make any difference.

A new freeholder can't unilaterally change any terms, consents, etc agreed by a previous freeholder.

So as long as the consent granted by the previous freeholder was valid, it should still be valid now.

The old freeholder should have made the new freeholder aware of any consents that had been granted - but if that didn't happen, that's an argument between the old freeholder and new freeholder. It's not the leaseholder's problem.

Mokka wrote: »

If they wotheld consent could she rely on section 19(2) of the Tenand and Landlord Act 1927 (consent for improvements cannot be unreasonably withheld)?

Since consent has already been granted, that shouldn't be relevant.