Is secondary glazing an alteration?

okwd

Hi there,

I'm buying a leasehold flat. I may want to install secondary glazing or plantation shutters to improve sound insulation of the windows. But my solicitor is not sure if these will be allowed, so I'm asking here.

The lease requires landlord's consent for any non-structural alteration, and structural alteration is banned. It also prohibits changing the window panes or covering the windows other than with curtains or blinds.

Do you think secondary glazing and plantation shutters count as alteration? How likely will I be allowed to do the work? What are the window improvements that are typically allowed in a leasehold flat?

anselld

Both would seem to come within the scope of "covering the windows other than with curtains or blinds".  It seems a rather draconian restriction.  Are you sure you are happy with the rest of the Lease?

It will boil down to whether you want to take the risk that it will not be noticed or enforced and whether you want to deal with later potential difficulties in selling if you are perceived to be in breach.

gwynlas

Is it a listed buildiing or in a consevation area where you cannot have double glazing? Depending on the size of the windows secondary glazing might be unobtrusive when viewed from outside and does work well in cutting down noise. Why don't you make enquiries with the freeholder before proceeding and get agreement in writing as you might regret noy doing so when resident.

user1977

anselld said:

Both would seem to come within the scope of "covering the windows other than with curtains or blinds".  It seems a rather draconian restriction.

Shutters yes, but I doubt secondary glazing is what that's aimed at (or perhaps some sort of permanent alteration whereby the property loses rights to light).

eddddy

okwd said:

The lease requires landlord's consent for any non-structural alteration, and structural alteration is banned. It also prohibits changing the window panes or covering the windows other than with curtains or blinds.

Do you think secondary glazing and plantation shutters count as alteration? How likely will I be allowed to do the work? What are the window improvements that are typically allowed in a leasehold flat?

From what you say, it sounds like there is an absolute prohibition in your lease. i.e. The lease says words to the effect of...

• "You must not change the covering of the windows"

as opposed to

• "You must not change to covering of the windows without written consent from the landlord/freeholder"

If that's correct, the landlord cannot give you consent - i.e. the landlord cannot give you consent to breach the lease.



But some lawyers argue that The Landlord and Tenant Act 1927 gives you the right to make improvements to your property, irrelevant of any prohibitions in the lease. (But you have to describe them as "improvements" not "alterations".)

But, in any case, I doubt you want to end up at a tribunal arguing about the meaning of the Landlord and Tenant Act 1927 in relation to your shutters.



To be honest, in your position, I think I'd do one of the following...

• 1) Install removable secondary double glazing - and hope that nobody notices or cares. If somebody does complain and the landlord takes enforcement action, just remove them.

• When you sell the flat, explain the situation to the buyer; remove the secondary glazing when the valuer/surveyor visits; and leave the secondary glazing units for the buyer and they can choose whether to use them or not.

•  2) Similar with the Plantation Blinds. See if you can find ones which can be easily removed and put back (e.g. lifted off/on brackets or hinges). And see if anyone complains.