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Remus2004
Remus2004, Barrister
Category: Property Law
Satisfied Customers: 69371
Experience:  Over 5 years in practice.
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My son recently purchased a long leasehold ground floor flat.

Customer Question

My son recently purchased a long leasehold ground floor flat. He has sole ownership of the front garden, other than a pedestrian right of way for the first floor tenant. My son wishes to convert the garden to car parking. The lease states that the freeholder has to give his permission to structural and external alterations, "such permission not to be unreasonably withheld". My son has written to the freeholder at the address in the lease, but after 6 weeks there has been no reply. What is his next move?
Submitted: 2 years ago.
Category: Property Law
Expert:  Remus2004 replied 2 years ago.
Thank you for your question. My name is Jo and I will try to help with this.

Is he able to speak to the freeholder?
Customer: replied 2 years ago.

No contact phone number nor email address

Expert:  Remus2004 replied 2 years ago.
Thanks.

Write to the freeholder by recorded delivery saying that unless a reply is received by Fri 28 Feb, he will make a court application to have the matter decided by the court without further notice and he will ask court to award adverse costs against the freeholder.

If no reply is still forthcoming make the court application.

It is possible that the initial letter might not be ignored if from a solicitor but obviously there is cost in the use of a solicitor.

However, you do have a claim and if you pursue this you will succeed.

Can I clarify anything for you?

Jo
Customer: replied 2 years ago.

Thanks for the advice.


No further questions


Regards


Rick Holgate

Expert:  Remus2004 replied 2 years ago.

No problem and all the best.

Remember that I am always available to help with your questions. Even if I am in Court I will usually pick up a question within 12 hours. For future information, please start your question with ‘For Jo C’. You can also bookmark my profile http://www.justanswer.co.uk/law/expert-remus2004/

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