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Jamie-Law
Jamie-Law, Solicitor
Category: Law
Satisfied Customers: 5001
Experience:  Solicitor
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I own a leasehold ground floor flat. I also own half of the

Resolved Question:

I own a leasehold ground floor flat. I also own half of the freehold with the leaseholder upstairs. Recently the upstairs leaseholder installed an outside 1st floor balcony/walkway with spiral staircase to ground level. They did not ask me about this, they just did it while I was on holiday. I want it removed. They have a clause in their lease 'Not to maim injure or make any alteration to any part of the building forming part of the of the demised premises'. What can I do? Thanks, Harold ****
Submitted: 1 year ago.
Category: Law
Expert:  Jamie-Law replied 1 year ago.

Hello Harold my name is ***** ***** I will help you with this.

Have they refused to take it down please?

Customer: replied 1 year ago.
They refused to take it down verbally
Expert:  Jamie-Law replied 1 year ago.

Ok - you should get a Solicitor to write and ask them to take it down as they are in breach of the lease or say you will get a Court order.

If they refuse then you can issue proceedings using form N208:

http://s3-eu-west-1.amazonaws.com/hmctsformfinder/n208-eng.pdf

And N16a:

http://s3-eu-west-1.amazonaws.com/hmctsformfinder/n016a-eng.pdf

The Court will list the matter down and decide whether to make an Order that it is removed.

If the Court does and they refuse this may be contempt of Court which they could be warned, fined or sent to prison.

Can I clarify anything for you about this today please?

Customer: replied 1 year ago.
Is it possible to do this as we both own the freehold. I don't think they would agree to sue themselves.
Expert:  Jamie-Law replied 1 year ago.

Yes. Your permission was needed, it was not sought.
Its breach of the lease. It was done on purpose when you were away so you wouldnt find out until it was completed.

Does that clarify?

Customer: replied 1 year ago.
Should I give them the opportunity for mediation, or do as you said?
Expert:  Jamie-Law replied 1 year ago.

You can when your Solicitor writes. Or do it now if you prefer

Does that clarify?

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