Party Wall Agreement... or not?

[LL2112 0]

Looking to build a small extension to the current kitchen extension on the back of a terrace. Student house. Next door is a student house too. Had it confirmed that PP not required, comes under Permitted Development

If I write to the Leaseholder of next door and to Coppen (Freeholder) I would expect, especially from the latter, for probably no response within the time period, meaning that we have to draw up a full agreement get surveyor(s) etc., and they'd look to charge both houses a ludicrous permission Fee. 

So tempted not to bother in the first place, it's only a knackered old wall between back yards, take loads of photos to show nothing untoward has happened to their wall, and just get on with it.

What would you do...? 

[geared 306]

It's a student house?  Why bother?

[LL2112 0]

Yes I appreciate that sentiment. The only reason I would bother in this instance would be if someone - either the Landlord next door or the Freeholder - saw the works starting then they might try and stop it. Yes pretty low probability of that happening...

But yeah fair point it probably isn't worth bothering. I would bother if it was a residential house next door.

[Jeffrey Shaw 90]

Beware asking Coppen what it would charge.

Familiarise yourself with s.19(2) of the Landlord and Tenant Act 1927- yes, really- which says this, with my underlinings:

 

 

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.

 

So Coppen cannot charge you a premium (price) for issuing consent: only its reasonable admin. fees. Anything much over £100 would be unreasonable.

 

To avoid the potential problem, use your legal rights if you have owned the house for at least two years. Make Coppen sell the freehold reversion to you.

Edited February 19, 2019 by Jeffrey Shaw

[LL2112 0]

Thank you Mr Shaw. Unfortunately I have not owned the property for the requisite length of time but will be in touch with you in a year or so in order to purchase the Freehold reversion. 

[geared 306]

Maybe put off any work until that time?

[LL2112 0]

Fair point but it needs to be done sooner.