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Freeholder's permission for house extensions.

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Let's start with the Landlord and Tenant Act 1927 (yes, really). Here's s.19(2):

 

In all leases whether made before or after the commencement of this Act containing a covenant condition or agreement against the making of improvements without a licence or consent, such covenant condition or agreement shall be deemed, notwithstanding any express provision to the contrary, to be subject to a proviso that such licence or consent is not to be unreasonably withheld; but this proviso does not preclude the right to require as a condition of such licence or consent the payment of a reasonable sum in respect of any damage to or diminution in the value of the premises or any neighbouring premises belonging to the landlord, and of any legal or other expenses properly incurred in connection with such licence or consent nor, in the case of an improvement which does not add to the letting value of the holding, does it preclude the right to require as a condition of such licence or consent, where such a requirement would be reasonable, an undertaking on the part of the tenant to reinstate the premises in the condition in which they were before the improvement was executed.

 

Put simply, this means:

1. L cannot unreasonably refuse consent to improvements. This does not apply if the Lease entirely prohibits alterations.

2. L can charge a reasonable sum [covering] damage to or diminution in the value of [L's] premises.

3. L can also charge any legal or other expenses properly incurred in connection with such licence or consent.

4. All that's true no matter what the Lease states.

 

As to Planning Law, this is wholly statute-based. It has nothing to do with L nor with the Lease.

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Thank you Jeffrey.

 

I dealt with the planning applications as a separate matter and, having gained consent, have come to the leasehold requirements about alterations as I wish to improve my home. I will check to see what the lease says about this.

 

I am interested to know the cost of purchasing the freehold and estimating that this might be in the region of £7,000 and could take a long time to negotiate. I would much rather put this sum towards the improvements unless persuaded otherwise.

 

It seems that it's time to seek the help of your profession. I've sent a pm via email.

 

---------- Post added 11-08-2017 at 14:30 ----------

 

I would be interested in hearing from others who found themselves in the situation of owning a leasehold property and building extensions, improvements or other work, with or without the consent of their lessor, and what was/is the outcome. Also if any have been prevented from building and, if so, on what grounds, reasonable or otherwise.

 

Thanks to all for comments made.

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I don't think you'll be paying as much as £7000 for the freehold reversion, usually it's both sides legal fee's plus whatever is left on the lease isn't it?

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I was including all legal fees and my pessimistic estimate was based upon one of the on-line calculators although I've since found a more optimistic but simpler one. As well as remaining term and ground rent, the valuation of the property is included in calculations of which, officially, there are two which must be chosen from according to specific circumstances. Certainly a good idea to obtain professional help especially when there are other legal considerations, such as shared service and repair charges. Fingers crossed you are right geared!

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I don't think you'll be paying as much as £7000 for the freehold reversion, usually it's both sides legal fee's plus whatever is left on the lease isn't it?

No. What count are:

a. the unexpired lease term;

b. the amount of ground rent; and

c. (to a lesser degree) the house's open-market value.

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Thanks for your comments geared.

 

There is a little over 100 years left on the lease and the ground rent is £35. Having researched the benefits of purchasing the freehold, I decided that it was probably best to spend my resources on improving and adapting my property for my own benefit.

 

I'm aware that the freeholder must have reasonable grounds to object which, in my opinion, they do not possess and the property should still be easily sold by my heirs as they are, fortunately, in high demand.

 

The extensions are entirely within my property boundaries and I believe I can serve notice on the freeholder under the Landlord & Tenant Act, quoting the appropriate Section, and stating my intent to build after giving them time to respond but I am hoping to ensure all goes smoothly and I'm not drawn into any complications.

 

If you still have 100 years left on lease ,make an offer to buy the freehold for 25 x the £35 annual ground rent = £875 .

 

There is no 50% marriage value to pay .

 

You can download a frre guide from http://www.lease-advice.org

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Thanks for comment and link topflat. It's in the hands of a solicitor shortly as I am expecting the freeholder to raise as many obstacles as possible. Incidentally, I can recommend the LAS for free advice on straightforward issues.

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If you still have 100 years left on lease ,make an offer to buy the freehold for 25 x the £35 annual ground rent = £875 .

 

There is no 50% marriage value to pay**.

 

You can download a frre guide from http://www.lease-advice.org

** That's correct. MV kicks-in only if the lease term has less than 80yrs unexpired.

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