Leasehold Non-Structural Alterations

Ash_29

I have this clause in my lease which is worrying me:

Not without the prior consent in writing from the Landlord and (if such consent is granted) in accordance with plans and specifications previously approved by the Landlord and to the Landlords reasonable satisfaction and in compliance with all relevant local authority regulations and requirements to make any non-structural alterations or addition whatsoever in or to the Demised Premises.

I am being told that this is a "standard clause" added to all Leases. To me this means that I can't make any changes to the flat whether it be changing the carpet, adding a painting or changing the kitchen tap without first asking for approval...

Am I not supposed to take this literally? 

davidmcn

What is it you're actually wanting to do? 

NameUnavailable

It won't mean carpets, painting or hanging pictures, but it will apply to stuff such as updating the kitchen or bathroom. You need to ask your freeholder for permission first, for which they may charge you a fee.

Ash_29

davidmcn said:

What is it you're actually wanting to do? 

I don't want to do anything at the moment. I don't have intentions to change anything for at least a year or two.

My concern is that I have been told that non-structural alterations means painting, hanging items on walls, fixing items to walls, adding carpets, replacing fixtures etc. I am worried that this clause is too restrictive. 

Ash_29

NameUnavailable said:

It won't mean carpets, painting or hanging pictures, but it will apply to stuff such as updating the kitchen or bathroom. You need to ask your freeholder for permission first, for which they may charge you a fee.

How can you tell that they mean certain things but not others only by reading the clause? 

davidmcn

Ash_29 said:

davidmcn said:

What is it you're actually wanting to do? 

I don't want to do anything at the moment. I don't have intentions to change anything for at least a year or two.

My concern is that I have been told that non-structural alterations means painting, hanging items on walls, fixing items to walls, adding carpets, replacing fixtures etc. I am worried that this clause is too restrictive. 

Who is telling you this? Didn't you get any advice when you bought the flat? 

NameUnavailable

Ash_29 said:

NameUnavailable said:

It won't mean carpets, painting or hanging pictures, but it will apply to stuff such as updating the kitchen or bathroom. You need to ask your freeholder for permission first, for which they may charge you a fee.

How can you tell that they mean certain things but not others only by reading the clause? 

Well of course I can't see you full lease but most will have separate sections dealing with redecoration requirements and what must be used as flooring, but why ask the question if you already know better?

Ash_29

NameUnavailable said:

Ash_29 said:

NameUnavailable said:

It won't mean carpets, painting or hanging pictures, but it will apply to stuff such as updating the kitchen or bathroom. You need to ask your freeholder for permission first, for which they may charge you a fee.

How can you tell that they mean certain things but not others only by reading the clause? 

Well of course I can't see you full lease but most will have separate sections dealing with redecoration requirements and what must be used as flooring, but why ask the question if you already know better?

There are no separate sections about redecoration. I am still in the process of purchasing and my solicitor is not being of much help so I am reaching out to this community to ask if this sort of clause is normal or if my lease is particularly restrictive. 

Ash_29

davidmcn said:

Ash_29 said:

davidmcn said:

What is it you're actually wanting to do? 

I don't want to do anything at the moment. I don't have intentions to change anything for at least a year or two.

My concern is that I have been told that non-structural alterations means painting, hanging items on walls, fixing items to walls, adding carpets, replacing fixtures etc. I am worried that this clause is too restrictive. 

Who is telling you this? Didn't you get any advice when you bought the flat? 

I am still in the process of purchasing and my solicitor is not being of much help so I am reaching out to this community to ask if this sort of clause is normal or if my lease is particularly restrictive. 

When I asked my solicitor about this she just copy pasted the definition of "non-structural alteration" but didn't offer any advice. 

Tiglet2

You will be able to replace carpet with another carpet, but you won't be able to replace carpet with hard flooring unless you get landlord consent.  As others have said, we can't see your lease so it is difficult to advise.  

Ash_29

Tiglet2 said:

You will be able to replace carpet with another carpet, but you won't be able to replace carpet with hard flooring unless you get landlord consent.  As others have said, we can't see your lease so it is difficult to advise.  

The lease does not mention anything other than this. The solicitor has confirmed this and is advising that this is a standard clause in most leases. Do you have this clause?