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Alex J.
Alex J., Solicitor
Category: Law
Satisfied Customers: 3613
Experience:  Solicitors 2 years plus PQE
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We have a property in Camden where we live. 4 stories, we own

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We have a property in Camden where we live. 4 stories, we own the Ground and LG floors and the neighbour owns the other flat. We are planning an extension, a simple orangery at the back. It has become clear they will try to stop or have some sort of capital gain themselves. Is this possible if we own 50% of the freehold?
Submitted: 1 year ago.
Category: Law
Expert:  Alex J. replied 1 year ago.
Hi, Thank you for your question and welcome. My name is ***** ***** I will assist you. Does the lease say anywhere that you cannot make alteration to the structure without the landlords consent (such consent not to be unreasonable withheld)?
Customer: replied 1 year ago.
(Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call. Let me know if you need more information, or send me the service offer(s) so we can proceed.
Customer: replied 1 year ago.
Alex I need to check.
Customer: replied 1 year ago.
where can I find it? and what if it doesn't say anything? is there any rule of thumb?
Expert:  Alex J. replied 1 year ago.
Hi, Thank you. Do you have a copy of the lease, it may be in the section titled covenants?
Customer: replied 1 year ago.
Yes I have but there is no such paragraph. There is one, however, named rights reserved to the landlord and it doesn't show there
Expert:  Alex J. replied 1 year ago.
Hi, Thank you. Can you type what the paragraph says under "Rights reserved to the landlord"? Kind regards AJ
Customer: replied 1 year ago.
1. The right of support and protection by the premises for such other parts of the building ...
2. The uninterrupted passage of the Utilities...
3.- The right to make connections with any or all the conduits...
The right for the landlord or other persons authorised by or on behalf of him to affix at any time during the term hereby created...
Customer: replied 1 year ago.
I have found the area you mentioned bare with me
Expert:  Alex J. replied 1 year ago.
Thank you. Kind regards AJ
Customer: replied 1 year ago.
It does say they need to give consent in a very old fashion way but it does. Where does that leave us?
Can they simply deny consent? and if so how can we get it
Expert:  Alex J. replied 1 year ago.
Hi, Thank you. Can you send me the exact wording? Kind regards AJ
Customer: replied 1 year ago.
HI alex, I am terribly sorry I had to step out for a while.
Now I can continue. I shall provide you with the wording of the lease agreement, but I would like to know if applying for planning permission as the freeholder, not the leaseholder would resolve any potential issues.
Customer: replied 1 year ago.
Exact wording:
5.12.1 Not at any time during the Term to make or suffer to be made any change Building or addition whatsoever to the exterior of the Premises nor to erect or place any pole mast wire satellite dish or aerial on the exterior of the Premises (whether in connection of wireless or television apparatus or otherwise) without the previous consent in writing of the Landlord which shall not be unreasonably withheld or delayed.5.12.2 Not at any time during the Term to injure cut or maim any of the walls ceilings partitions or any other part of the premisses or to make or cause to be made any structural alteration whatsoever to the interior of the Premises without the previous written consent of the Landlord. Such consent not to be unreasonably withheld or delayedAlex my e-mail is***@******.***
Expert:  Alex J. replied 1 year ago.
Hi, Thank you. I have reviewed this and I can confirm, you are in a good position to some extent. The key phrase here is "without the previous consent in writing of the Landlord which shall not be unreasonably withheld or delayed." This phrase means they cannot unreasonably withhold or delay the consent to your works, this includes adding conditions or demanding a fee. They can insist you make good any damage to their property or take insurance against any damage, but they cannot unreasonably stop the work. You two are effectively your own landlord so you do both need to consent (it is obvious you consent) but their consent is clearly an issue. If they refuse to consent you would have to take this to court and you would likely be successful, but it would be time consuming. What I suggest you do is get a local solicitor to send them a letter outlining the breach they are committing by unreasonably with holding consent, it should also say that you will hold them liable for any costs associated with enforcing your rights under the lease. The added gravitas of seeing a letter from a solicitor on headed paper will likely make them reconsider and stop this from going to court.http://www.lease-advice.org/ for your future reference this is a free government backed service for legal advice on landlord and tenant issues.Kind regards AJ
Customer: replied 1 year ago.
This is so helpful! THANKS SO VERY MUCH.
We feel hopeless at their attitude and our lack of knowledge and this is just what we need. Thank You so much.I'm sure this is not going to be the last time we consult with you.Julian Prieto
Expert:  Alex J. replied 1 year ago.
Hi, Thank you. No problem. If I can assist any further please let me know? I would be most grateful if you could rate my answer when convenient. Kind regards AJ
Alex J., Solicitor
Category: Law
Satisfied Customers: 3613
Experience: Solicitors 2 years plus PQE
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