Do I need consent from my Freeholder to make alterations

CPStars

I've recently purchased a 1970 maisonette and want to get on with some renovations including the removal of a non-load bearing stud wall (verified) between the kitchen and the living room. I have asked my Freeholder to clarify if I require consent to alter given the following clauses in my lease: (this is how it is written in the lease - without commas or fullstops)

1. Not to cut maim or injure any of the principal walls timber iron or stucco work on the premises
2. Unless consent in writing of the Managers shall first be obtained
1. the exterior appearance of the buildings walls fences and other erections now on the premises shall not hereafter be altered
2. no additional building walls fences or other erections shall hereafter be constructed or maintained on the premises
3. Nothing shall be done on the premises which will be an alteration to or departure from the overall landscaping scheme for the Estate as a whole

I have pointed out that there is no reference to non-primary or internal non-structural walls, which I take a stud wall to be. The Freeholder is now dragging their feet and not responding to my query.
Any advice on whether or not I will ultimately require the consent?

CPStars

EDIT: Additionally the plan provided with my lease shows only the footprint of the property, I have no plan that shows the internal layout.

davidmcn

I wouldn't have said a wall internal to the flat is a "principal" wall, though I'm not sure that's a generally-recognised term. Otherwise I can't see you need consent.

greatcrested

I agree there's no legal definition of 'principal'. Arguably it could mean

* structural, in which case you're fine (but then why not say 'structural' in the lease? or

* walls dividing the various rooms in the property, in which case you need consent!

Who is the 'freeholder'?

Of course if neither the lease Title Plan, nor the lease Plan itself, show the layout, who is to say you've changed it?

NameUnavailable

You usually need consent for any internal changes including removing walls or changing kitchens/bathrooms. The freeholder can make a charge for granting permission.

rik111

NameUnavailable said:

You usually need consent for any internal changes including removing walls or changing kitchens/bathrooms. The freeholder can make a charge for granting permission.

Yeah right who ever applies for permission to fit a new kitchen ? When was the last time you heard of a Freeholder gaining possession because leaseholder fitted a new bathroom. A lot of these permissions just need ignoring and the OP should have just got on with it, there is a very slim chance the Freeholder would have found out and even slimmer chance he would be bothered...As long as you are sensible and don’t mess with the exterior or structural, it’s all nonsense.

greatcrested

The new kitchen is not the potential issue.

including the removal of a non-load bearing stud wall (verified)

AlexMac

I'm with rik111 above and I know what I'd do.

In fact I know what I HAVE done in a few of leasehold flats; all of which had exactly the same lease clause (I particularly admire the concept that you cam "maim" a wall!).  And that is, I'd go ahead with internal alterations without even asking for formal approval, as long as the structural integrity of the building was not compromised.  

Examples from my experience include removing substantial internal block walls of a former pantry in a Local Authority leasehold to open out a kitchen, creating new openings in the structural walls of a mid 19th Century building; with appropriate lintels, rearranging soil/sewage and partitioning an existing room to create new ensuite bathrooms , opening up a new aperture in a roof to provide for a Velux roof light (yes I know the latter should have required Planning Assent but I won't tell the Council if you don't) .  And no-one ever seeks permission to have a boiler installed, even though every one I've had installed required a bleddy big core drill powering through a wall to vent the exhast gases- which sounds very "maimy" to me?

I made sure the neighbours were sweet (in one case it was a shared freehold but even there I didn't bother with convening a formal meeting of the Company members and seeking written approval) and there was never any comeback, despite one being a Local Authority Freehold.

If you do go ahead what's the worst that can happen?  No freeholder is going to "determine the lease" and take you to Court, and even if they did, you'd just say "I'll stick a stud wall back up again" (I'm hugely amateur, but I knocked one up myself in three days once using metal stud-work and feather-edged plaster board with taped and filled joints so it didn't even need a skim; perfect job; looked original).

But then maybe some people are more rule governed ...?

CPStars

@AlexMac since making these alterations have you proceeded to sell any of your properties? If so did you encounter any queries/issues in the conveyancing process in relation to the alterations?

NameUnavailable

@AlexMac maybe you've just been lucky? https://www.dailymail.co.uk/news/article-6170745/Leaseholder-locked-legal-battle-freehold-property-owner-seizes-600-000-London-flat.html

As mentioned above there's also the little issue of buyers down the line asking for confirmation that alterations were approved by the freeholders, which could make for interesting discussions.

Sistergold

This is really sad that the leaseholder is just keeping quiet? This takes away the joys of buying a property!