How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Aston Lawyer Your Own Question
Aston Lawyer
Aston Lawyer, Solicitor
Category: Law
Satisfied Customers: 10451
Experience:  Solicitor LLB (Hons) 23 years of experience in Conveyancing and Property Law
16368554
Type Your Law Question Here...
Aston Lawyer is online now

Hi there, I need some advice regarding extending my ground

Resolved Question:

Hi there, I need some advice regarding extending my ground floor flat (into the garden which is within the boundaries of my lease) - particularly in the area of the freeholder who I asked 6 months ago for permission to do this and I am still awaiting his response.

He has implied that he is looking to charge me a "premium" to do the work - and has said he is getting the property valued in order to do this - as the work that I will undertake "will cost considerably less than the increase in value it will add to the flat".

What are my rights in this regard? I have chased a number of times and haven't heard anything back. Within my lease it says that permission should not be reasonably withheld. And advice I've had is that the fee for something like this should be in the region of hundreds, not thousands of pounds.

Please can you advise how I might proceed and what the precedence is in cases such as this?

Many thanks, Sarah
Submitted: 3 years ago.
Category: Law
Expert:  Aston Lawyer replied 3 years ago.
Hello and thanks for using Just Answer.

My name is XXXXX XXXXX am happy to assist you with your enquiry.

Just so I can answer you fully, could you please let me have the wording from your Lease which deals with extensions/Landlord's permission not be reasonably withheld?

I ask this as a Flat Lease wouldn't normally allow any extensions, only interior alterations.

I look forward to hearing from you.

Kind Regards
AL
Customer: replied 3 years ago.
Hi Al

The words are as follows:

"Not at any time during said term to make any structural addition or alteration to the demised premises and not to alter or reposition any partition wall or walls nor make any openings in any of them nor any work or operation covered by the building regulations for the time being in force nor to erect any television aerial or other structure on any part of the exterior of the Block without the previous written consent of the Landlord (such consent not to be unreasonably withheld) and not in any circumstances to carry out any operation constituting development within the meaning of the Town and Country Planning Acts or any statutory amendment or replacement thereof."

Hope this is what you were after and that his helps you with your response.

Thanks very much for your help/advice.

Sarah
Expert:  Aston Lawyer replied 3 years ago.

Hi Sarah,

Thanks for your reply.

As I thought, I'm afraid the section of the above clause stating that consent should not be unreasonably withheld does NOT cover extensions.

The part of the clause which refers to "any operation constituting development within the meaning of the Town and Country Planning Acts" is referring to extensions, and note that any such works should not in any circumstances be carried out.

Therefore, if you do carry out an extension you would be in breach of the terms of your Lease and the Landlord is within his rights to refuse any such consent full stop. If you carry out any works without consent your Landlord could take Court action to get an order that the extension is taken down, and you are therefore at the mercy of the Landlord in respect of any such works. He can hold you to ransom, and charge whatever premium he wishes to, as under the terms of your Lease you are prohibited to carry out any such work.

I am sorry this is not the answer you were looking for, but it sets out the legal position.

Sorry.

Kind Regards
AL
Aston Lawyer and other Law Specialists are ready to help you