Wording on a lease...
Discussion
I wish to renew wiring, run new woring and take up the floorboards to install new wiring and gas central heating in a flat. The relevant lease term covering this are a bit ambiguous. I take them to mean I can modify non structural internal walls, but am unsure f I need the freeholders permission to:
Lift floorboards for new wiring
Lift flooboards for new entral heating
Run new coax from the loft through the ceilings
Remove an old fireplace and block up the hole (with plasterboad)
"Not to cut main or injure not to make any breach in any part of the structureof the demised premises nor without the previous consent in writing of the Lessor or its agents (uch consent not to be unreasonably withheld or delayed) to make any alteration whatsoever to the plan design or elevation of the demised premisesnor to make any openingstherein nor to open up any floos walls or ceilings for the purpose of altering or renewing any pipes wires ducts or condits nor to alter any of the landlrds fixures or appliances therein Provided laways that no consent shall be required for any internal non structural alterations or additions"
Does anyone know which of the above I would need to get approval for? Thelast sentnce in the lease presumably refers exclusively to stud wll type layout changes, but this contradicts what is written earlier about "to make any alteration whatsoever to the plan design or elevation of the demised premises"
Lift floorboards for new wiring
Lift flooboards for new entral heating
Run new coax from the loft through the ceilings
Remove an old fireplace and block up the hole (with plasterboad)
"Not to cut main or injure not to make any breach in any part of the structureof the demised premises nor without the previous consent in writing of the Lessor or its agents (uch consent not to be unreasonably withheld or delayed) to make any alteration whatsoever to the plan design or elevation of the demised premisesnor to make any openingstherein nor to open up any floos walls or ceilings for the purpose of altering or renewing any pipes wires ducts or condits nor to alter any of the landlrds fixures or appliances therein Provided laways that no consent shall be required for any internal non structural alterations or additions"
Does anyone know which of the above I would need to get approval for? Thelast sentnce in the lease presumably refers exclusively to stud wll type layout changes, but this contradicts what is written earlier about "to make any alteration whatsoever to the plan design or elevation of the demised premises"
It is indeed a leasehold flat. I've got 122 years left. I've heard that a lot of freeholders want money for changes and I'm also cncerned about listing too many items that may then introduce an extra delay in the freeholder replying and hence want to work out the minimum I need to ask permission for.
You're done for.
My Leaseholder charges £80 to even read a request for changes.
My neighbour wanted to remove a wall that created a larder in her kitchen, not structural in any way and was just in the way really, adding nothing to the property. She did as she was told filled in a load of forms and paid the money. They eventually said yes but it was a right pain.
Personally I'd just do what you want (within reason) most free holders haven;t even been in their properties for years.
Mine can f
k off, they keep asking for extra money to put in Digital Ariel when we all already have Sky/Cable. Extra for works that haven;t been notified etc. gits.
My Leaseholder charges £80 to even read a request for changes.
My neighbour wanted to remove a wall that created a larder in her kitchen, not structural in any way and was just in the way really, adding nothing to the property. She did as she was told filled in a load of forms and paid the money. They eventually said yes but it was a right pain.
Personally I'd just do what you want (within reason) most free holders haven;t even been in their properties for years.
Mine can f
k off, they keep asking for extra money to put in Digital Ariel when we all already have Sky/Cable. Extra for works that haven;t been notified etc. gits.I have dealt with property contracts and leases and freeholds daily for 24 years, both residential and commercial. In some cases my company is both Landlord and Tenant.
I believe that you will need permission from the freeholder, in many cases this will be the management company. Regretabbly many freeholders will make a charge for processing your request. If you are making structural changes you may need to advise your mortgage company, so check the terms of your mortgage too.
Having said that, if you dont seek the freeholder/Landlords permission you have to think about what could happen. They could take you to court and claim damages, they would have to prove that they sufferred a loss as a result of your actions. If they are really agressive they could seek an injunction. So you could ignore the contract provision and take a gamble. The other problem is that unauthorised alterations may cause problems when you come to sell.
Ultimately, your landlord has to be reasonable so will probably approve the works for a fee.
I hope this helps. PM me if you need more info
I believe that you will need permission from the freeholder, in many cases this will be the management company. Regretabbly many freeholders will make a charge for processing your request. If you are making structural changes you may need to advise your mortgage company, so check the terms of your mortgage too.
Having said that, if you dont seek the freeholder/Landlords permission you have to think about what could happen. They could take you to court and claim damages, they would have to prove that they sufferred a loss as a result of your actions. If they are really agressive they could seek an injunction. So you could ignore the contract provision and take a gamble. The other problem is that unauthorised alterations may cause problems when you come to sell.
Ultimately, your landlord has to be reasonable so will probably approve the works for a fee.
I hope this helps. PM me if you need more info
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