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Alex J.
Alex J., Solicitor
Category: Property Law
Satisfied Customers: 3522
Experience:  Two years conveyancing experience.
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I wonder if you are able to help me? I own and live in

Resolved Question:

Hi, I wonder if you are able to help me? I own and live in a ground floor 1 bed flat and also have share of the freehold. The people that own the upstairs 1 bed also have the other half of the freehold but currently rent out the property to 2 people. In the details of the freehold we are both responsible for any repairs that need to be made to the roof and the foundations, the rest is split from ceiling height up or down. The owners upstairs want to build a loft conversion that would house another double room and another bathroom and I am very concerned about the long term noise having 4 people above me, with only 2 at the moment it is very noisy, especially as it is rented out. To enable them to do this the freehold details would need to be re-written and I would have to sign over the loft space and roof to them if I were to agree the works could go ahead. Am I entitled to say no or is there any way for them to be able to push this through without my consent? I do not want things to get difficult but I would not have bought the flat 18 months ago if I knew this work was wanting to be done and I am concerned that others would feel the same if I were to put it up for sale at any point.
Many thanks
Catherine
Submitted: 1 year ago.
Category: Property Law
Expert:  Nicola-mod replied 1 year ago.
Hello,
I've been working hard to find a Professional to assist you with your question, but sometimes finding the right Professional can take a little longer than expected.
I wonder whether you're ok with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.
Thank you!
Nicola
Customer: replied 1 year ago.

Hi Nicola,

Thank you for your reply. I am happy to wait a while longer but I do need to know over the next few days at the most of that is OK

Many thanks

Catherine

Expert:  Nicola-mod replied 1 year ago.
Hello,
We will continue to look for a Professional to assist you.
Thank you for your patience,
Nicola
Customer: replied 1 year ago.

I do not want 25% off my next question as you are unable to answer a question that I would deem to say is a relatively simple one compared to some you may get. I will not be asking another question, 25%off or not, as I do not want to be conned twice. May I congratulate you though for conning me once, it won't be happening again! This is why the law gets a bad name, people like you taking money from people without the knowledge they need. I hope you all sleep peacefully at night knowing what you are doing, makes me feel sick!

Expert:  Alex J. replied 1 year ago.
Hi,
Thank you for your question and welcome.
My name is ***** ***** I will assist you.
Ultimately you are the freeholder and on the face of it you can with hold consent to structural alterations - however you need to check what the leases say. I they say consent "not to be unreasonably with held or delayed" you would not be able to object because of noise and disruption issues. I would recommend that you obtain the lease and have a look (preferably with a local solicitor) at what the term say.
However you should consider that this may have a benefit to you - you could insist that as part of the consent the neighbour a) re does the roof if it needs doing and b) takes responsibility for maintain it. You could then ask them to enter into a proper service charge regime whereby they pay proportionally more as a result of having the bigger flat. These could be conditions of granting consent?
I look forward to hearing from you.
Kind regards
AJ
Customer: replied 1 year ago.

Thank you for answering question.

Expert:  Alex J. replied 1 year ago.
No problem.
I wish you the best of luck.
Any feedback is gratefully received.
Kind regards
AJ
Alex J., Solicitor
Category: Property Law
Satisfied Customers: 3522
Experience: Two years conveyancing experience.
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