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Thomas
Thomas, Solicitor
Category: Property Law
Satisfied Customers: 7617
Experience:  UK solicitor holding an England and Wales practising Certificate.
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can a freeholder refuse a tenant to install a huge Skye dish

Customer Question

can a freeholder refuse a tenant to install a huge Skye dish on a fragile wall of my Edwardian house.The owner recently rented out the LEASEHOLD FLAT. I am the Freeholder and live downstairs.

Submitted: 4 years ago.
Category: Property Law
Expert:  Thomas replied 4 years ago.

Hi

Does the lease restrict tenants from affixing anything to the flats?

Tom
Customer: replied 4 years ago.

the lease says quote,,


Not to make any alterations in the Upper Flat without the approval in writing of the Lessor to the plans and specifications thereof and to make all alterations in accordance with such plans and specifications.The Lessees shall at their own expense in all respects obtain all licences approval of plans permissions and other things necessary for the carrying out of such alterations and comply with the statutes bye-laws and regulations and other matters prescribed by any competent authority either generally or in respect of the specific works involved in such work.

Expert:  Thomas replied 4 years ago.
Hi

Thanks for your patience.

Ideally there would be a covenant on the part of the Tenant in their lease stating that they should not affix anything to the exterior of the property.

However, I would think that you would be fairly well placed to argue that attaching a large sky dish to the exterior of the property would fall under the interpretation of an “alteration”, entitling you to rely on this clause.

The good news is that the consent is absolute, as opposed to qualified where your consent is subject to it not being unreasonably withheld or delayed.

On this basis I would say that you could object to the attaching of the sky dish and require removal of it.

If you consider that it would damage the property then you should advise that this would also place you in breach of your covenant to keep the building in repair and that you object on this ground too.

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Kind regards,


Tom
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Customer: replied 4 years ago.

Oh dear the owner f the flat is going to let her tenants go Beryl Bashfordahead with the installation ot the Sky Dish.

Expert:  Thomas replied 4 years ago.
I am sorry I don't really have anything to add
Customer: replied 4 years ago.

O.K Thank you for your reply.


Have tried to submit my thanks but don't seem to find the correct place to click SUBMIT does not submit !!!


 


Beryl.


 

Expert:  Thomas replied 4 years ago.
No problem