Retrospective Licence to Alter process

Pagw

Following up on my previous thread, I’d very much appreciate help understanding how to go about getting Retrospective Licence to Alter from a freeholder.

I had gas engineers replace an old boiler with a new condensing boiler in a leasehold flat in a block with a freeholder landlord. The job was to take out the old boiler and put the new boiler in at the same location. I found out that the engineers had made external alterations - drilling a new flue, and adding a condensate drain pipe that connects to a downpipe. I didn’t expect them to make external alterations, they had not raised the intention or possibility with me beforehand, and I had not gained prior consent for these (and my lease requires the landlord’s consent for external alterations). The engineers are Gas Safe registered.

I would appreciate information about the best process to now follow - I’ve tried searching online a lot but am still very unclear about it. Any insights into any of the following would be much appreciated.

Should I contact the landlord explaining what has happened and asking for a Retrospective Licence to Alter ASAP? Or would it be wise to seek legal advice first?

Do I need a solicitor in this process? Or at what point would it make sense to engage a solicitor?

My understanding is that it’s possible in principle for the freeholder to require that the works are undone. Then the flat’s heating system would not work, unless an alternative option were put in place. The flat's occupants include young children. Is there a way to be able to ensure that the heating system can continue being used until an agreed solution is in place?

Is it possible to give any idea of how large my costs may end up being? E.g. from any similar past cases?

I expected that the engineers would inform me and ask my permission before making external alterations. If I have to pay costs for the Retrospective Licence to Alter, do I have any grounds for reclaiming all or part of those costs from the engineers?

If the gas engineers didn’t act improperly, then when replacing a boiler, what process are leaseholders expected to reasonably go through to ensure there is not an accidental breach of the lease?

Thanks for any help you can give.

Ectophile

There's always do nothing, say nothing, it's always been like that.

Pagw

Do you mean I shouldn’t raise it with the freeholder?

I’d say the articles I’ve found come down on the side of notifying the freeholder promptly e.g. Retrospective Licence to Alter: What If You’ve Already Started Work? – EK Licence To Alter – Licence to Alter Surveyors London . Here’s a case of someone getting taken to court over a condensate pipe that was installed without permission: Licence to alter: no excuse for breach of lease|Brady Solicitors .

And it also seems like known breaches of the lease need to be disclosed upon sale: https://www.sell-flat.co.uk/legal/what-is-an-lpe1-form.html 

So this makes me wary of just leaving it. The pipe is quite visible and it seems like there’s a fair chance the freeholder would notice it if they visited.

silvercar

Are you the first one in the block to make this kind of change? If not, ask your neighbours what they did. 

Pagw

I don't see similar changes on neighbours' walls, and the flats are pretty much all rented out so I don't know other leaseholders.

Le_Kirk

Is it the same issue as this thread? https://forums.moneysavingexpert.com/discussion/6646403/boiler-installer-left-old-flue-hole-open#latest
Do we need two threads?

Pagw

Le_Kirk said:

Is it the same issue as this thread? https://forums.moneysavingexpert.com/discussion/6646403/boiler-installer-left-old-flue-hole-open#latest
Do we need two threads?

Well the other thread was about dealing with the installers and this one is about dealing with the freeholder afterwards, so it seemed sensible to separate them out to me - someone interested in one topic may not be interested in the other.

Ectophile said:

There's always do nothing, say nothing, it's always been like that.

I'm still intrigued by what do people then do when it comes to sell and alterations are asked about - just not declare them? Is that common?

silvercar

Pagw said:

Le_Kirk said:

Is it the same issue as this thread? https://forums.moneysavingexpert.com/discussion/6646403/boiler-installer-left-old-flue-hole-open#latest
Do we need two threads?

Well the other thread was about dealing with the installers and this one is about dealing with the freeholder afterwards, so it seemed sensible to separate them out to me - someone interested in one topic may not be interested in the other.

Ectophile said:

There's always do nothing, say nothing, it's always been like that.

I'm still intrigued by what do people then do when it comes to sell and alterations are asked about - just not declare them? Is that common?

In this sort of case, I imagine people would just say they had a new boiler fitted.

Pagw

silvercar said:

In this sort of case, I imagine people would just say they had a new boiler fitted.

But the forms still require it to be stated whether the landlord's consent was needed and if so, whether it was obtained.

silvercar

Pagw said:

silvercar said:

In this sort of case, I imagine people would just say they had a new boiler fitted.

But the forms still require it to be stated whether the landlord's consent was needed and if so, whether it was obtained.

I doubt people bother. There was one flue and pipes and now there’s a different set. Doesn’t really make much difference to the building.