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tdlawyer
tdlawyer, Lawyer
Category: Law
Satisfied Customers: 1096
Experience:  11 years experience of general practice.
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I have bought a flat with share of freehold I am having a problem

Resolved Question:

I have bought a flat with share of freehold I am having a problem with management company they are not allowing me to move my kitchen to another room as upstairs is objecting to my spare bedroom being below their kitchen and my new kitchen being below their spare room the flat next door to me same block has moved his kitchen in the same way and they are still saying we cannot do this even though my architect has submitted dreaming and proposals that we will sound proof ceilings in both room according to regulations for concrete floors this is an old building concrete floors on all levels what am I rights .
Submitted: 3 years ago.
Category: Law
Expert:  tdlawyer replied 3 years ago.
tdlawyer :

Hi thanks for your question. My name is ***** ***** I can assist with this.

tdlawyer :

Does the lease say they have to "not unreasonably withhold" consent for these changes?

Customer: I think so but in any case another flat has done this
tdlawyer :

Well, it doesnt matter if another flat has done - they might not have been supposed to do it, two wrongs dont make a right.

tdlawyer :

Legally, the issue is what's in your lease.

tdlawyer :

And this should say whether they have to give consent, or whether they can simply say no.

Customer: Ok but if they did give consent does that mean I can do this aswell
Customer: i think the lease says that we need consent to remove fixtures not sure if this applies as I own share of freehold
tdlawyer :

If they give consent TO YOU, then yes, but just because they consent to them doesn't mean that HAVE to consent to you if the lease doesn't require it. However, what you usually find, is that leases say they will consider it and not unreasonably withhold that consent. You would say that by allowing somebody else to do it, and denying you, means that they're being unreasonable and, if the lease says it, this might be a breach of the lease term not to unreasonably withhold consent.

tdlawyer :

So, having agreed to others is evidence of what they consider reasonable.

Customer: Ok I will check lease But if the reason is not for safety regulations can they object
tdlawyer :

It's not likely they'll be able to object unless there is a pretty good reason, like structural stability or safety, if the lease requires them to not unreasonably withhold consent.

tdlawyer :

Does this answer your question this afternoon?

Customer: A little thanks
tdlawyer :

Do you want me to expand on any part for you, happy to do so...?

Customer: Originally they said they would not allow this as they like to keep water above water then they said well if upstairs consents then maybe we think about it ,but the reason upstairs is not consenting is that he says it will devalue his flat .
tdlawyer :

Well, I'm no professional valuer, but I don't really see how it would devalue his flat?!

tdlawyer :

Sounds to me like they might need to reconsider their approach to this and consider granting you consent!

Customer: They also claim that we have caused damage to 4 the floor flat during vibrations we are on the ground floor and the 2nd and3rd floor have had no problems is this possible
tdlawyer :

Sounds a little odd, but I don't know whether this is likely to be true or not. It's really something a surveyor should be able to assist with, which the management company could employ to look at this if needs be as it concerns an issue between two tenants.

tdlawyer :

Can I check that you're happy with the service this evening please?

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