Do you want to know if you can alter your leasehold flat? After buying a leasehold property, you may need the consent of your Landlord so please check the terms of your Lease carefully, in particular the ‘alterations’ clause and consider the extent of the flat leased to you. This article outlines when consent is needed, the legal obligations of both parties and the potential consequences of proceeding without approval.
Some leases require consent for structural alterations only, whilst others require consent to be obtained for any kind of alteration.
In most cases, you will need to get a Licence to Alter from the Landlord/Freeholder giving you consent to make the changes. These may include:
Structural changes – such as installing new windows, building an extension, or adding a loft conversion (if you live in a top-floor flat), may require landlord consent.
Internal alterations – including painting walls, putting up shelves or replacing flooring, should also be checked against the Lease to determine if consent is needed.
Can a Landlord Refuse Permission for Alterations?
The law states that Landlords/Freeholders cannot withhold permission to make alterations without good reason and consent to ‘improvements’ is not to be unreasonably withheld. The law also allows your Landlord to charge a reasonable sum for legal or other expenses such as surveyors costs, checking of the works and any solicitors costs incurred in preparing a Licence to Alter. You are not required however to pay excessive administrative fees.
What happens if your Landlord charges you a premium (lump sum payment) as a condition of granting consent to reflect any increase in value of your flat as a result of the works? This will all depend on whether the works are to the flat only or if the works involve part of the wider building in which the flat is situated and part of the building retained by the Landlord.
For example, if you are planning an extension you may need to cut into the external walls not leased to you and retained by the landlord. If the works are solely to your flat, any lump sum demanded is likely to be considered an unreasonable refusal of consent. However, if the works affect the wider building, the Landlord is not obliged by law to grant consent and so can charge you a premium.
If you have any questions about altering your leasehold flat, please speak with our expert residential property solicitors in London today.
The Legal Consequences of Making Alterations Without Consent
Failure to obtain your landlord’s consent will most likely breach the terms of the Lease with the ultimate sanction of forfeiture (termination) of the Lease. Also note, obtaining consent from the Landlord can sometimes take a period of time which you will need to factor in when making other decisions, such as appointing builders or decorators.
Never make any changes to your flat without first checking the terms of your Lease carefully. Please also remember you will need to obtain any necessary planning permission and buildings regulations consent from the local authority. When you come to sell your flat an incoming purchaser will also want confirmation you obtained consent for any works undertaken. If you are planning works and are unsure about the terms of your Lease please do contact us for advice.
Read about the updated government changes to leasehold here.
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