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Joshua
Joshua, Lawyer
Category: UK Property Law
Satisfied Customers: 4516
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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Hi Joshua, I live in London and own a one bedroom ground

Customer Question

Hi Joshua,

I live in London and own a one bedroom ground floor flat on a leasehold basis and (unfortunately) I have a difficult freeholder with whom I don't have the best relationship with. We have just completed a drawn out lease extension (took 13 months rather then 4) and our initial thoughts were just to move to get on with our lives.
Having had estate agents rounds they have pointed put that converting it into a 2 bedroom with no extensions and only minor structural alterations (knocking through 2 walls at the back of the property) would increase the value by c£100k. This has obviously piqued my interest.
I have looked through the lease and found the following excerpt
"4). Not to make any alterations or additions to the said flat or alter the elavation or the external appearance of the said building or the said flat or any part thereof or cut through any main walls in the interior of the said building got the said flat or cut main walls or otherwise injure such main walls or any main timbers of the said building and not to stop or darken any windo or other opening belonging to said flat"

My question is this - can he deny us permission to make alterations even though this might be deemed as unreasonable (am I right in thinking that any denial mustn't be unreasonable) even though there is no provision of asking for his permission or provision that states that he cannot unreasonably withhold permission? If he does deny us permission (which is likely) is there any recourse we can take ie county courts or LVT, that could help?

Kind regards

Brett
Submitted: 9 months ago.
Category: UK Property Law
Expert:  Fran-mod replied 9 months ago.
I will notify Josh that your question awaits him. He will see my message when he next checks his email.
Expert:  Joshua replied 9 months ago.
Thanks for your question. Please kindly RATE my answer when you are satisfied

I am very sorry for the delay in reverting to you. May I assist you with this or have you managed to resolve the matter by now?

I look forward to hearing from you

Kind regards
Customer: replied 9 months ago.

Hi Joshua, we have managed to get advice from elswhere


 


regards


 


brett

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