Improvements in Shared ownership home

cmbrookes

I am a shared ownership owner. I own 25% and the HA own 75%. I have asked for permission from the HA to have a media wall built in my living room by a competent tradesman. A letter was sent explaining the works needed to be carried out which included the removal and capping off of a radiator. The work is very minimal and can be put back to original state very easily if needed. 
The HA have denied permission to have the works carried out reasons stating they do not permit any structural or non structural alterations or relocation of internal partitions or any central heating alterations. Surely the fact I own a share (25%) of the property I have a say in this?

RHemmings

The government says that to make structural changes to a shared ownership home, that you may need permission. 

https://www.gov.uk/shared-ownership-scheme/repairs-home-improvements

I noted that some companies who provide shared ownership homes make it a requirement that you ask permission for structural changes. What does your shared ownership lease with the HA say? 

cmbrookes

It isn't a structural change. The media wall will be made from MDF wood. It can easily be taken down and put back to it's original state before it was erected. The Lease does say that I'd need permission so that is what I have done, I have asked for permission but I thought that as I own 25% I'd at least have some sort of say in it otherwise what is the point in me owning a share if I don't get a say in improving the home?

eddddy

You need to read your lease to see what it says about making alterations - with and without the freeholder's consent.


(Unfortunately, the legal position would probably be that you should have checked the terms in the lease about making alterations before you bought. And if you didn't like those terms, you shouldn't have bought the property.)

user1977

cmbrookes said:

The Lease does say that I'd need permission so that is what I have done, I have asked for permission but I thought that as I own 25% I'd at least have some sort of say in it otherwise what is the point in me owning a share if I don't get a say in improving the home?

What matters is what the lease says, there isn't some unwritten principle which overrides that. Does the lease say that the HA can't unreasonably withhold consent (or similar)?

cmbrookes

eddddy said:

You need to read your lease to see what it says about making alterations - with and without the freeholder's consent.


(Unfortunately, the legal position would probably be that you should have checked the terms in the lease about making alterations before you bought. And if you didn't like those terms, you shouldn't have bought the property.)

I'd probably still have gone ahead with the shared ownership over the property as I was desperate for a 3 bed house. we was in a desperate situation at the time. I just wanted to seek advice on what rights I have. Thanks for your input.

BarelySentientAI

Your precise words were "I thought that as I own 25% I'd at least have some sort of say in it".  Are you denying that you had some sort of say in it?

What "say in it" do you think their 75% ownership should get them, and given that they have said "no" with their 75% say, what should be happening differently here?

Legally, according to your posts, their share means that you have to ask for permission and they have the right to say no.  Exactly as they have done.

cmbrookes

BarelySentientAI said:

Your precise words were "I thought that as I own 25% I'd at least have some sort of say in it".  Are you denying that you had some sort of say in it?

What "say in it" do you think their 75% ownership should get them, and given that they have said "no" with their 75% say, what should be happening differently here?

Legally, according to your posts, their share means that you have to ask for permission and they have the right to say no.  Exactly as they have done.

That is a bit more of a civilised comment and better advice. Thanks.

BarelySentientAI

cmbrookes said:

BarelySentientAI said:

Your precise words were "I thought that as I own 25% I'd at least have some sort of say in it".  Are you denying that you had some sort of say in it?

What "say in it" do you think their 75% ownership should get them, and given that they have said "no" with their 75% say, what should be happening differently here?

Legally, according to your posts, their share means that you have to ask for permission and they have the right to say no.  Exactly as they have done.

That is a bit more of a civilised comment and better advice. Thanks.

Your legitimate frustration + my tendency to be as blunt as possible even when it's not necessary not coming together too well I think.

Do you have the lease handy so you can quote the bits referring to permission and restrictions?  I'm wondering if it could be the removing a radiator bit that's getting you caught out.

Adding a bit of MDF shouldn't be any cause to refuse permission really.

cmbrookes

user1977 said:

cmbrookes said:

The Lease does say that I'd need permission so that is what I have done, I have asked for permission but I thought that as I own 25% I'd at least have some sort of say in it otherwise what is the point in me owning a share if I don't get a say in improving the home?

What matters is what the lease says, there isn't some unwritten principle which overrides that. Does the lease say that the HA can't unreasonably withhold consent (or similar)?

user1977 said:

cmbrookes said:

The Lease does say that I'd need permission so that is what I have done, I have asked for permission but I thought that as I own 25% I'd at least have some sort of say in it otherwise what is the point in me owning a share if I don't get a say in improving the home?

What matters is what the lease says, there isn't some unwritten principle which overrides that. Does the lease say that the HA can't unreasonably withhold consent (or similar)?

The lease does state I need written permission from the landlord (such consent not to be unreasonably withheld).

lika_86

You've had your answer about changes, so now your best option is to re-jig your plans so they work around the radiator.