Articles
Q & A from the City & Angel Magazine Property Expert Column, November 2010
Colman Coyle Partners, Hema Anand and Andrew Flint are the property experts for the City and Angel Magazine. Their monthly column answers reader questions on all residential property issues including buying, selling, developing or buying the leasehold of their homes.
I want to carry out some alterations to my flat. Will I need the freeholder's permission?
This will depend on what your lease says. Each lease is drafted differently but most leases will say that a lessee can make alterations to the flat with the freeholders' consent, such consent not to be unreasonably withheld. Even if a lease doesn't state that the freeholders' consent can't be unreasonably withheld, it is actually implied by statute. Some leases also make the distinction between structural and non structural alterations so you may not actually need permission depending on what you want to do. Occasionally, leases include a strict prohibition against carrying out alterations but this is quite rare. Some freeholders will simply consent to alterations in a letter but others will insist on a formal Licence for Alterations being drawn up which will have to be done at the cost of the lessee. These more formal licences tend to be used in large mansion blocks rather than a converted a property but it will depend on the freeholders' individual approach. You should also bear in mind that you may need building regulation approval for the work and you may also need planning consent particularly if the property is listed.
I live in a block of flats, which contains 5 flats. The other 4 flat owners have decided to buy the freehold of the block and have served a Notice on the landlord to buy the freehold but at no stage have they asked me, whether or not I would like to participate. Can they do this?
You do not say in your question what Notice it is that the owners of the other flats have served upon the landlord. I assume that the other owners have decided to enfranchise, that is force the landlord to sell the freehold interest of the block of flats to them. Provided they meet the criteria set by the law leaseholders can progress a claim to enfranchise often without consulting all of the leaseholders and owners in the building. As a result, many actions are progressed and unfairly exclude some of the leaseholders.
Going forward, it is entirely at the discretion of the leaseholders who are participating in the action, if to decide whether or not they are happy for you to come on board, and if so, on what terms. This situation is something that needs to be addressed but unfortunately the law that requires leaseholders to be given the opportunity to come on board in an enfranchisement action is not yet in force and it is not clear at this stage as to whether it ever will be.
Please contact Hema Anand, Enfranchisement Partner or Andrew Flint, Residential Property Partner for further information or see our enfranchisement and residential property sections.
Source: City & Angel Magazine Ask the Expert, November 2010
Authors: Hema Anand and Andrew Flint
Date published: November 2010