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F E Smith
F E Smith, Advocate
Category: Law
Satisfied Customers: 8535
Experience:  I have been practising for 30 years.
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I am the Chairman of a Residents Association (Freeholder/

Customer Question

I am the Chairman of a Residents Association (Freeholder/ Leaseholder) and have a dilemma. One of our residents (leaseholder and 1/27 freeholder) wishes to install a fixed air con unit in his flat with pipes through the walls of the property to an external unit. The installation has been requested on medical grounds due to his health conditions. We have contacted the other 26 residents advising them of the request and have had some for and some against (1 strongly against) the application.
Our query is this: by installing the Air con unit and having holes protruding through the walls of the building (from outside to inside) would this be a breach of the Lease Agreement? and if so would we need to have the Lease Agreement updated.
Submitted: 4 months ago.
Category: Law
Expert:  F E Smith replied 4 months ago.

The leaseholder cannot install anything on the outside of the building are in any, parts which are not part of their demise, unless they have the consent of the freeholder. It is as simple as that.

Consent of the freeholder in cases like this would come down to a vote of the majority at an Extraordinary General Meeting of its a limited company a normal residence meeting if it’s not limited company.

There is no need to alter the lease.

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FES.

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