Consent Share of Freehold Moving a kitchen

Flatouted

My co freeholder wants to move the existing kitchen to above my bedroom. The property is divided into 1 flat and above a maisonette. It is a 3-storey Victorian building. He has a 70% share i have 30%. Does he need my consent. The existing kitchen is on the top floor. If moved it would be on the ground floor at the back above me.

Woodstok2000

What do the terms of the freehold say?

MyRealNameToo

https://forums.moneysavingexpert.com/discussion/6681258/consent-share-of-freehold-moving-a-kitchen

What does the lease say? It should specify what requires freeholder consent and also if the consent states it won't be unreasonably withheld.

Secondly, is this a Ltd that owns the freehold and you are shareholders or do you individually own a proportion of the freehold? If its the former does the articles of association state how decisions are made? If its the later is there any documentation on how decisions are made? A company on model terms it could be put to a poll, rather than vote, in which case he can simply make the decision as the majority shareholder. If its individuals owning it then it needs each of you to agree and they cant outvote you just because they have a higher beneficial interest unless there is some other thing (eg declaration of trust, deed of trust, co-ownership agreement) etc that says things are dealt with in another way than requiring a unanimous decision

gwynlas

I would be wary of this as the kitchen with appliances eg washing machine could be very noisy.

He might be a considerate neighbour and not use it at odd times but you need to consider the possibility of later sale.

Flatouted

He is a noisy neighbour when he bought the property, he ripped all the carpets out and it is just bare floorboards and refuses to put carpet or flooring in. So imagine that I'm lying in bed and he and his girlfriend come in late at night and start bashing about. It is a wooden floor so not load bearing. There are only 4 inches between my ceiling and their floor. I have already said no to consent in Jan 2025. And i am saying it again. He was reported to the Police for causing alarm distress to me in 2024. I overheard him and his girlfriend saying they want a Range cooker. I thought you must be kidding. It would just go straight through.

ExEstateAgent

I would object as it is likely to cause noise above your bedroom. Hopefully for you the terms of your shared freehold require both parties agreement to giving consent.