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Thomas
Thomas, Lawyer
Category: UK Law
Satisfied Customers: 7481
Experience:  BA (Hons), PgDip, Practising Solicitor
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Ca. lease holder change front garden into a drive even if

Customer Question

ca. lease holder change front garden into a drive even if the land is owned by the freeholder
Submitted: 1 year ago.
Category: UK Law
Expert:  Thomas replied 1 year ago.

Hi,

Thanks for your question.

Is this is UK residential lease question?

Tom

Customer: replied 1 year ago.
it's a maisonet above my propety
Customer: replied 1 year ago.
I own the land
Customer: replied 1 year ago.
The gentleman who leases it says he has a lease absolute.don't know if this means he can do what he likes on my land as,it is only leased to him.
Customer: replied 1 year ago.
He has changed it from a first door maisonet to a two bedroom with a downstairs kitchen that was a. utility room for storage purposes
Expert:  Thomas replied 1 year ago.

Right. Is the garden included within the area leased to him in the lease? You should be able to tell from the plan attached to the lease..

Customer: replied 1 year ago.
I believe so.
Customer: replied 1 year ago.
Can he do this without my consent
Expert:  Thomas replied 1 year ago.

Hi,

Are you aware of any restrictions contained in the Lease stating that the area must be used as a garden OR that they may not make changes without consent?

Tom

Customer: replied 1 year ago.
No.
Expert:  Thomas replied 1 year ago.

Okay. Drafting your answer now 5 mins please.
Tom

Expert:  Thomas replied 1 year ago.

Hi

Thank you for your question and patience, I’m Tom and I’ll try to help you.

You should check the lease that they have in detail.

If the garden area is not included in the area which they are granted a lease of then they cannot change it to a driveway without your consent.

If the garden is included then you need to check the lease to see:-

{C}1. {C}if there is a restriction in the tenant covenant’s part of the lease restricting him from making any changes to the garden without your consent. It may say that they may not make changed “the Flat” (as defined in the lease), but if the garden is included in the definition of “the Flat” then he would not be able to make changes.

{C}2. If there is a provision which says that he must only use the garden area as a garden. Again, he would need your consent to change it to a drive in this case.

Have a look at the lease for the above and if you consider that he is breaching the lease by proposing to change it to a drive then you should put him on notice that you would consider it a breach of the lease and would take enforcement action against him if he carries it out.

My goal is to provide you with a good service. If you feel you have received anything less, please reply back as I am happy to address follow-up issues specifically relating to your question.

Kind regards,

Tom