Do I need consent from my Freeholder to make alterations

greatcrested

Sistergold said:

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

No suggestion here of the leaseholder keeping quiet.

He is very sensibly asking pertinant questions.

AlexMac

SKennedy0104 said:

@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?

sorry SK- I didn't look at this thread again til now, so I missed your 29 Sept Q;
You have a point; however, I’d still be inclined to risk it. 

The simple answer to your 2 questions is,

Yes to the 1st, and

No to the 2nd,.

I have sold two of the three properties mentioned – the new bathroom one and the dodgy velux roof light one and neither posed problems (detail below). I have also experienced several transactions from the Freeholder’s perspective, in that I’ve had to complete several LPE-1s (Leasehold Property Enquiries Forms) on behalf of a couple of “shared Freehold” Companies. These were blocks where I’ve owned flats and where we opted to run the show ourselves; so I volunteered as Secretary or Treasurer to do the admin as a preferable (and far cheaper) arrangement than engaging an Agent to screw us over. When my neighbours sold, I responded to their buyers’ solicitors on half a dozen occasions.

If you did commission work without freeholder consent, you’d only have to declare that fact if the buyer’s solicitor asked that very specific Q.  And in my experience, they don’t.  The standard LPE-1 forms don’t mention this, so it would be down to whether the buyer or their conveyancing solicitor actually asked about “freeholder permission”. And so far, on half a dozen transactions, I’ve not been asked that. Buyers are more likely to care about the quality of the work, if it was done in line with Gas Safe or electrical regs, and if there are any installation certificates of guaranteed (which you obviously will ensure are in place if required?)

Solicitors have got much more risk averse in recent years however, so it might crop in future; I sold the dodgy bathroom flat 10 years ago, and simply wasn’t asked.  I sold the the dodgy velux roof light more recently, but the only declaration which I had to sign asked; “Have you REPLACED any windows?”.  I was able to say No with a clear conscience; I’d put in a NEW window, not a REPLACEMENT (phew!). And if I ever sell the third (the one where I removed the pantry and installed a boiler etc), I’ll probably not be evasive as the work was done 20 years ago- so lost in the mists; I don’t even recall if I got a Gas safe Cert back then?

 

Good luck with your dillemma

Jumblebumble

NameUnavailable said:

@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.

I think you are scaremongering because my understanding of the article is that Mr McCadden foolishly  ignored an instruction from the court to pay £516.62 in costs and equally foolishly did not defend the case which I suggest  means the court are duty bound to find for the freeholder
 You have no way of knowing what the outcome would have been  had he paid the costs and defended the claim

NameUnavailable

Jumblebumble said:

NameUnavailable said:

@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.

I think you are scaremongering because my understanding of the article is that Mr McCadden foolishly  ignored an instruction from the court to pay £516.62 in costs and equally foolishly did not defend the case which I suggest  means the court are duty bound to find for the freeholder
 You have no way of knowing what the outcome would have been  had he paid the costs and defended the claim

Not scaremongering at all, the other person said "No freeholder is going to "determine the lease" and take you to Court" but that's exactly what happened in the case I linked to.

Yes there might be more to it but essentially the freeholder was awarded the lease becuase the leaseholder failed to get permission for works. So it CAN happen.

rabialiones

do the same rules apply for extensions on houses?
would the freeholder be able to appy for forfeiture or would they give retrospective consent