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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 31300
Experience:  Over 5 years in practice
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Shared freeholder consent required for loft conversion

Customer Question

We have bought an upper maisonette, which is leasehold with share of freehold (the downstairs flat own the other half of the freehold).

We have the loft space demised to us. We want to do a loft conversion. We know that planning permission will not be an issue as we're doing the same as every other flat down the road, however we are worried about freeholder consent.

Our lease says we have the right to to repair, cleanse and amend the exterior and interior (including landlords fixtures and fittings) of the demised premises....including the ceilings, walls and floors and joists and beams provided we give reasonable notice. Elsewhere it says that we need freeholder consent to cut or maim walls and ceilings.

The people downstairs tried to buy the flat, but lost out on sealed bids, and them proceeded to hold up the purchase process by taking a very long time to sign the freehold transfer - so we are expecting trouble. Given we have the right to "amend" the demised premises, is there any way they can prevent us from doing this legally?

Thanks

Submitted: 2 years ago.
Category: Law
Expert:  Nicola-mod replied 2 years ago.
Hello,
I've been working hard to find a Professional to assist you with your question, but sometimes finding the right Professional can take a little longer than expected.
I wonder whether you're ok with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.
Thank you!
Nicola
Customer: replied 2 years ago.
No thank you this has taken far too long. I would like a refund please.