Leaseholder extension clause?

proformance

Hi guys,

I was told by a friend (how every good story starts) that I should look out for a clause in leasehold contracts that state that despite outside land (garden side & rear) being demised to the property for which you're the leaseholder of, the freeholder can still demand money (on top of approval) to any proposed side-return/rear extensions.

Apparently there's something explicit in the lease that allows the freeholder to exercise this right. 

Can anyone refute or expand on this?

Thanks,

N

princeofpounds

https://www.lease-advice.org/article/consent-to-alterations-improvements-in-a-leasehold-property-what-charges-can-be-justified/

proformance

Goodprinceofpounds said:

https://www.lease-advice.org/article/consent-to-alterations-improvements-in-a-leasehold-property-what-charges-can-be-justified/

Good article, thanks for sharing.
It states within:
"The “demised premises” is what is included in the leaseholder`s ownership under the terms of the lease. There is usually a definition of this in the lease and this will often be the interior of the flat including the surface of the interior walls and up to the ceiling above and joists below. It will not usually include the structural, external walls or roof, although each lease should be checked for the precise details. For example, a loft space may sometimes be included in the demised premises, sometimes not."
In the title deed from LR, it appears that the "red" etched boundary denotes what is demised (included in the lease) and it DOES include the external garden space (side and rear).

If this it's the case, it should be a straightforward request for approval from the freeholder and they cannot fairly charge any fees beyond any legal, or building consultation costs? 

That sound about right? 

Thanks,

N

princeofpounds

Insufficient information to tell (by long way!)

Is this a flat or a house?

Looking at the title plan is insufficent for understanding the demise. There will be lots of text in the deeds that relate to this, particularly if it's a flat. We can't see that text, and only have your vague description of it.

We also can't see any clause relating to extensions.

By the way, you can phone lease-advice.org to discuss things on the phone. It's government-funded.

eddddy

Your question is specific and unusual - it's not specifically addressed in the linked article. 

It sounds like you're saying that your lease specifically allows the freeholder to charge a premium for consenting to an extension within the demised premises.

It's probably worth asking LEASE for an opinion on whether that is enforceable: https://clients.lease-advice.org/Appointment/Appointment?isFireSafety=False

proformance

I haven't seen the lease. In fact, I don't even know where you can find the lease for a property you don't own? The only thing I could find was the leasehold "title" from LR's website, which shows the boundaries of the property in question.

My question is to try and understand what information I can refer to before instructing solicitors etc to find out if there is anything written that either a) the freeholder prohibits any extensions and/or b) the freeholder can charge us fees for extending the property (e.g. side return).

If the latter; what kind of fees and how much is this likely to cost?
Can the other leaseholder have a say also?

Side note: The freeholder is a social housing company called "Notting Hill Genesis" 

eddddy

It's difficult to give hypothetical answers to hypothetical questions - it's better to check the lease, then ask specific questions. (Alternatively, the article linked to above gives a good overview.)

If you want to know more about the lease before making an offer, it's best to ask the seller - they might even have a copy of it.

You could also try asking the freeholder - TBH most freeholders wouldn't discuss anything with you, but occasionally I've found that social housing landlords to be a bit more open.

Failing that, order a copy of the lease from Land Registry for £7 using Form OC2 - but it will take a while to arrive.