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Joshua
Joshua, Lawyer
Category: Property Law
Satisfied Customers: 25407
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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I have a maisonette which is shared of freehold.Basically my

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I have a maisonette which is shared of freehold.Basically my neighbor's upstairs owns my freehold and I hold hers.(just bought it few months ago)
I have recently applied for a planning permission to extend my ground floor maisonette. After I get the planning consent I need my freeholder consent to start the works.
I believe my neighbor has some mental issues because I have approached her regarding this few weeks ago and she was treating me like I wanted her to give me the world for free.
Is there any way I get her consent through a solicitor?
Submitted: 2 years ago.
Category: Property Law
Expert:  Joshua replied 2 years ago.
Hello and thank you for your question. I will be very pleased to assist you. I'm a practising lawyer in England with over 10 years experience.May I ask do you know if the land onto which you want to extend is include in your demise under the lease - i.e. you own it with your lease please?Is there a provision in your lease that prohibits alterations to the structure without landlords consent?
Customer: replied 2 years ago.
Hi,
The land where I want to extend is my rear garden and the rear garden is within my lease.
And yes every alteration within my property including extending the property it needs the have the freeholder consent.
It is an unusual type of lease the one I have because like I told you if my freeholder wants to do anything in her property she needs to get my consent as I'm the freeholder of hers. This type of propert is called leasehold with shared freehold.
Please let me know if you need any further clarification.
Thanks
Expert:  Joshua replied 2 years ago.
Thank you. The situation you describe is quite typical for maisonettes. Just one last question if you would - could you kindly confirm the exact wording of the clause that provides that you must obtain consent? If you don't have the exact wording to hand can you recall if it says "no alterations without consent" or just "no alterations" with no mention of consent being required?
Customer: replied 2 years ago.
I'm quite that where mentions about alterations the word 'consent' is within the same paragraph. I'll try to check now the exact words
Customer: replied 2 years ago.
'No building or addition to any building temporary or otherwise shall be erected on the demised premises and no alteration or addition shall be made to the demised premises(wheter internally or externaly) except with the previouse consent of the Lessor and in accordance with plans and specifications which shall have been first submited to and approved in writting by the Lessor.Provided always that such consent shall not be in lieu of or in subtitution for any permission or consent which may be required from the planning or any other Authority nor( without prejudice to the generality of the foregoing) to cut injure or remove the main walls timbers or any other structural parts of the demised premises except for the purpose of complying with the Lessee's repairing obligations contained in this Lease""
Expert:  Joshua replied 2 years ago.
Thanks. Providing the clause specifies no alterations without consent as opposed to an absolute "no alterations" clause with no mention of having to obtain consent then your co landlord cannot unreasonably refuse consent by virue of s19(2) Landlord and Tenant Act that provides that where alterations may not be made other than with consent of the landlord, that provision shall be subject to a priviso that consent shall not be unreasonably withheld even if those words do not appear in the provision.Providing the land on which you wish to extend is included in your lease demise which from what you say it is, then the other landlord cannot unreasonably refuse consent for the alterations because of the above s19(2) provision. She can under the above Act require you to pay her reasonable costs incurred in considering your proposal (e.g. surveyors fees advising on impact on structure of building) and reinstate any damage caused.If she refuses to consent you can consider to approaches:The first is what is known as self help.Self-help: This is where you simply carry out the improvements despite her refusal to consent. This is a higher risk approach and if considering it firstly, you should send a letter before action to get her consent. The tenant should also ask the landlord to confirm that he/she will not peaceably enter on the grounds of breach of covenant. The risk with this approach is if it is found that the landlady was entitled to refuse consent because of the nature of the works have damaged the building for example you may be required to reinstate. This is unlikely providing you get planning permission and construct with qualified builders but it cannot be said to be risk free.The second approach is safer but involves going to court. Here you apply to the county court for a declaration that the landlady has unreasonably withheld consent and no further act of consent is required from her. If you prefer this approach you would need to apply using the following form asking the court for the above declaration.http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n208-eng.pdfHave I been able to help you with all your questions on the above or is there anything else I can help you with?
Expert:  Joshua replied 2 years ago.
Does the above answer all your questions or is there anything I can clarify or help you with any further?
Customer: replied 2 years ago.
This is the exact words as they are in my lease contract:
'No building or addition to any building temporary or otherwise shall be erected on the demised premises and no alteration or addition shall be made to the demised premises(wheter internally or externaly) except with the previouse consent of the Lessor and in accordance with plans and specifications which shall have been first submited to and approved in writting by the Lessor.Provided always that such consent shall not be in lieu of or in subtitution for any permission or consent which may be required from the planning or any other Authority nor( without prejudice to the generality of the foregoing) to cut injure or remove the main walls timbers or any other structural parts of the demised premises except for the purpose of complying with the Lessee's repairing obligations contained in this Lease""
Is the answer still the same after reading this?
Many thanks.
Expert:  Joshua replied 2 years ago.
Thanks for the above. Yes I think we were posted both our replies last night at about the same time. I did read the wording you provided - thank you for that. The clause does contain the crucial words "without consent" which is ideal which means that the position is exactly as I have set out above.I hope the above is of assistance? If you have no further questions for now I should be very grateful if you would kindly take a moment to click to rate my service to you today or let me know if the above is helpful. Your feedback is important to me. If there is anything else I can help with please reply back to me though.
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