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Alex J.
Alex J., Solicitor
Category: Property Law
Satisfied Customers: 3774
Experience:  Two years conveyancing experience.
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There are 3 flats in the house. Together the lessees of each

Resolved Question:

There are 3 flats in the house. Together the lessees of each flat bought the freehold and set up a management company. They paid equal amounts of money and each became a director of the company, holding one share each.
The garden is included in the freehold, but demised to the bottom flat for their sole use.
The owner of the bottom flat now proposes to build an extension of their flat into the garden.
The owner of the middle flat, for whom I am making this enquiry, does not want the extension to be built because it will become a living room beneath and below her bedroom and she fears noise.
Does the owner proposing the extension need to obtain the permission of all three co-freeholders to carry out her project?
Submitted: 3 years ago.
Category: Property Law
Expert:  Alex J. replied 3 years ago.
Alex J. :

Hi, Thank you for your question and welcome. My name is ***** ***** I will assist you. The flat owner will almost certainly need the consent of the Freehold company.

Alex J. :

As the freehold company is controlled by its shareholders then it will have to be put to a vote by them.

Alex J. :

If you read your leases it will probably say something like that "No structural changes must be made without the consent of the landlord".

Alex J. :

As the landlord is the freehold company

Alex J. :

the freehold company will have to consent - in order to give that consent the shareholders/members will need to take a vote.

Alex J. :

Obviously this one flat owner wont be able to force the company to consent by themselves.

Alex J. :

Do you have any idea as to what is proposed? Will it involve structural works?

Alex J. :

Do you have a copy of the lease to hand?

Customer:

The extension will be a building joined to the flat. I understand that the decision to approve the extension will be made by the Management company, (is this the same as the Freehold Company?)

Alex J. :

Hi, Thank you. The management company owns the freehold? If so - yes the freehold company and management company are the same thing.

Alex J. :

Can you check the lease and confirm what it says if anything about making alterations to the building?

Alex J. :

Kind regards

Alex J. :

AJ

Customer:

The extension will be a brick and glass building attached to the current flat, built on part of what is now the current garden. The lease does have the reference to "No structural changes.." as quoted by you. I understand that the permission of the Management Company will be required. As we can find no reference in the Articles of Memorandum as to whether resolutions need a majority or unanimous vote, does this mean it defaults to a majority vote? The only reference to voting is that it should be by show of hands.

Alex J. :

Hi, Thank you. He is attaching something to the external wall of the freehold and therefore must require permission.

Alex J. :

In the absence of any guidance in the articles you can assume it will require a simple majority in order to agree this consent.

Alex J. :

It would be the same as passing an ordinary resolution which requires more than 50% of the voting members to vote in favour of the proposed resolution.

Customer:

Thanks.

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