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F E Smith
F E Smith, Advocate
Category: Law
Satisfied Customers: 8970
Experience:  I have been practising for 30 years.
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I have been told that the lanlord of my property is ill and

Resolved Question:

Good morning. I have been told that the lanlord of my property is ill and we should avoid to talk to him. if we want to make an alteration (we want to move the kitchen from where it is now to the living room) who should we talk to?
Can we send him all the documents and plans and if he does not respond within three months can we lawfully do the works? What if somebody else responds on his behalf? His son, for instance? is it a legally valid reply?
Submitted: 5 months ago.
Category: Law
Expert:  F E Smith replied 5 months ago.

Who told you that you should avoid speaking to the landlord?

Customer: replied 5 months ago.
Do not know. I think it was his son when we called by phone. He had a stroke 8 months ago...
Expert:  F E Smith replied 5 months ago.

Thank you. My suggestion would be to ring again and ask the direct question as to who you should write to for this consent.

If you send all the documents to him and he doesn’t respond, you cannot assume consent by silence. It might work in practical terms but legally, you can’t do it. You would then have to do is tell him that if he wasn’t able to give consent and reply to correspondence or instruct solicitors to act on his behalf, then you would have no option but to make an application to court to get the necessary consent and asked the court to award court costs against him.

Unfortunately for him, if he chooses to be the landlord of a property, he needs to make arrangements that things like this are dealt with in the event of his absence or incapacity.

He might take more notice if the request for the consent comes from a solicitor.

Can I clarify anything else for you?

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We can still exchange emails.

Best wishes.

FES

F E Smith, Advocate
Category: Law
Satisfied Customers: 8970
Experience: I have been practising for 30 years.
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