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F E Smith
F E Smith, Advocate
Category: Law
Satisfied Customers: 8445
Experience:  I have been practising for 30 years.
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I need a legal opinion on a draft Licence, sent to me by my

Resolved Question:

I need a legal opinion on a draft for a Licence for Alterations, sent to me by my freeholder's solicitor.
Submitted: 3 months ago.
Category: Law
Customer: replied 3 months ago.
I have attached the document, could you please have a look at it and confirm that it is adequate.Thank you KindlyVincent Marion
Expert:  F E Smith replied 3 months ago.

Are you the leaseholder? What is the nature of the work that is being undertaken and why? I see it should be listed in schedule one but schedule one is rather thin on the ground and refers to another document which is not attached.

Customer: replied 3 months ago.
I am.I am building a rear extension and remodelling the floor lay-out.The flat will remain a 2 bed, the 2 rear bedroom will have an equals size, bathroom moved to leave a new space for the kitchen, as the kitchen is currently in the living room.
Customer: replied 3 months ago.
i have attached more documents, the party walls are signed and accepted.
Expert:  F E Smith replied 3 months ago.

Thank you. Is the Licence period of 3 months adequate?

Is the Permitted Works the total extent of what you want to do?

Have you supplied a copy of the planning consent, if any, under clause 4.2?

Is the consent of anyone else required (clause 4.3)

are there any structural changes which would need all the requirements of 4.4 complying with?

4.5 have you had a copy of the contractors and subcontractors insurance? If not you need to get it.

4.6 is any additional insurance premium going to be required as a result of the work?

If you have an architect, the 5 is really for your architect and contractor is to confirm although the liabilities yours.

You have to provide documents in accordance with 5.2.5

6.8 I assume there is no superior or head lease.

6.14 if anything goes wrong and the landlord suffers loss, then you are liable so you need to make sure you have adequate insurance in place.

6.16 I don’t know what the report referred to is but obviously, you have to comply with it.

6.17 this is for your contractor and architect to concern about

6.18 the sound test will be for your contract and architect to worry about but I would suggest that you found out what the cost of this is going to be because these could be expensive

6.19 when the work is done you have to carpet the premises

8 this whole clause is Draconian. I don’t like it. You only have 3 months to do the work. If you haven’t finished it after three months, you have to rip everything out and put it back how it was. You need to make sure that this clause is notified to the contractor and make sure that all the work the contractors doing, is noted in writing and that there is a timescale and time is of the essence and that if they haven’t finished by three-month date, they will be responsible for any costs. In addition, I would prefer this to be 6 months because three months is hardly any time at all but that would depend on the work that is being undertaken. I don’t like the rate quoted in clause 8.6 at £200 per hour plus VAT.

The majority of the document as standard but I think that clause 8 goes too far particularly with regard to the fact that the Licence Period is only 3 months. It depends whether can absolutely 100% rock solid guarantee to be finished in that 12 week period, and if they can’t, would they be prepared to pay you a substantial sum in damages? I would still prefer a 6 month period and not a three-month period plus I would want some guarantees warranties as to the timescale of the work from the architect and the builder.

Can I clarify anything for you?

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Best wishes.


F E Smith, Advocate
Category: Law
Satisfied Customers: 8445
Experience: I have been practising for 30 years.
F E Smith and 4 other Law Specialists are ready to help you
Customer: replied 3 months ago.
We have all documentation in order.I have express my concern to there solicitor, hopefully we will get the period change 6 to 8 months.And the carpeting issue to.Thank you kindly for your advises,Best Regards,Vincent Marion

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