New freeholder doesn’t know about old consent for alterations

euromike

I bought a leasehold flat in 2015 and I made a few non-structural changes to it (moved partition walls, doors, bathroom units around). As per my lease, non-structural internal alterations require freeholder’s consent; which should not be unreasonably withheld or delayed (structural alterations aren’t permitted at all).

 

At the time, I sent a request to the freeholder, and after some chasing got the response back by email that “it’s ok to go ahead” based on the plans I had submitted.

 

I assumed that would be enough but now I’m thinking of selling the flat, and the freehold has been bought by another person since. The new freeholder has already shown to be difficult to deal with, e.g. demanding £25k (!) for permission for some other non-structural alterations I wanted to make (my lawyer assured me he couldn’t do it and we’d win the case, but I didn’t want the hassle and just passed on the project).

 

I don’t want to be in a situation where we’re progressing towards the exchange, I’m in a chain, and it falls through because I can’t properly demonstrate I’ve obtained the permission for the changes I’ve made.

 

Is my worry legitimate, and if so, how should a consent like this look like? What can I do at this stage to rectify the situation, prior to putting the flat on the market?

user1977

euromike said:

I can’t properly demonstrate I’ve obtained the permission for the changes I’ve made.

Says who? What's wrong with the email you got?

euromike

user1977 said:

euromike said:

I can’t properly demonstrate I’ve obtained the permission for the changes I’ve made.

Says who? What's wrong with the email you got?

I hope you're right. I started worrying that the "proper" process should have involved e.g. the freeholder sending updated plans to Land registry, etc. Or that there was another, formal/structured way of registering these kind of consents. 

user1977

euromike said:

user1977 said:

euromike said:

I can’t properly demonstrate I’ve obtained the permission for the changes I’ve made.

Says who? What's wrong with the email you got?

I hope you're right. I started worrying that the "proper" process should have involved e.g. the freeholder sending updated plans to Land registry, etc. Or that there was another, formal/structured way of registering these kind of consents. 

Why would the Land Registry be involved, unless you were e.g. changing the extent of the demise, or permanently changing the conditions in the lease? Consent is just something in writing from the freeholder saying they're consenting. Email is writing. You've got a consent. No point starting to fret now about what a prospective buyer may or may not ask for.

Mickey666

I don't think Land Registry keep any layout plans of buildings.  Unless an alteration requires legal consent such as planning permission, for which there is a prescribed process, it is just a matter of private agreement between the parties involved.  You have written consent from the freeholder at the time so I'd regard that as enough.  I can't see how a new freeholder can have any say over the matter if they were not the owner at the time.
I think you're over thinking things, but of you want further reassurance then your solicitor should be able to advise when you sell.

princeofpounds

Agree with the others - you should be fine. Keep the email!

euromike

thanks all for replies. Reassuring, and to address the last point - yes I have obviously kept the email. 

eddddy

euromike said:

user1977 said:

euromike said:

I can’t properly demonstrate I’ve obtained the permission for the changes I’ve made.

Says who? What's wrong with the email you got?

I hope you're right. I started worrying that the "proper" process should have involved e.g. the freeholder sending updated plans to Land registry, etc. Or that there was another, formal/structured way of registering these kind of consents. 

Consent by email is fine. The law doesn't specify any specific process for giving consent.

Ultimately, if you insist that consent was given, and your freeholder insists that consent wasn't given - you'd have to go to a tribunal, who would make a decision based "on the balance of probabilities".

i.e. They would look at the emails, and consider the arguments from each side - and decide whether consent was given.

On a broader level, some 'dodgy' freeholders will demand lots of unreasonable fees from a leaseholder in the run-up to a sale, because they hope the leaseholder will just pay them in order to get the sale to go through quickly and easily.


Perhaps the bigger issues are

• Whether your buyer is happy with the proof of consent you have
• Whether your freeholder comes across as 'difficult', 'money-grabbing'  etc.

A buyer is likely to be scared away from buying a flat with a difficult, money-grabbing freeholder.

euromike

eddddy said:
On a broader level, some 'dodgy' freeholders will demand lots of unreasonable fees from a leaseholder in the run-up to a sale, because they hope the leaseholder will just pay them in order to get the sale to go through quickly and easily.

thanks. What else could he possibly request a fee for?
Yes my freeholder does come across as the dodgy/money-grabbing type. It's shameful how the whole leasehold system works but I guess I've learned my lesson to not buy a leasehold property ever again. 

eddddy

euromike said:
What else could he possibly request a fee for?

The one that lots of people seem to complain about is the fee for the Management Pack (or Sellers Leasehold Pack or LPE1). The freeholder could also ask for a fee for answering any pre-contract enquiries. And some leases require you to get a Licence to Assign - which would incur a fee. (Plus any consent for alterations fees.)

There might also be Deed of Covenant, a Notice of Transfer, a Notice of Charge - which would incur fees - but they're normally paid by the buyer.

euromike

eddddy said:

euromike said:
What else could he possibly request a fee for?

The one that lots of people seem to complain about is the fee for the Management Pack (or Sellers Leasehold Pack or LPE1). The freeholder could also ask for a fee for answering any pre-contract enquiries. And some leases require you to get a Licence to Assign - which would incur a fee. (Plus any consent for alterations fees.)

There might also be Deed of Covenant, a Notice of Transfer, a Notice of Charge - which would incur fees - but they're normally paid by the buyer.

thanks. We have RTM and now that I've read up on the Management Pack, I assume that this will not be an issue as the management company whom we (i.e. residents) choose won't charge a resident such excessive fees.