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Michael Holly
Michael Holly, Solicitor
Category: Property Law
Satisfied Customers: 6756
Experience:  BA honours degree in law, over 20 years experience in litigation, contract and property matters
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I have recently rented out an apartment I own and agreed

Resolved Question:

I have recently rented out an apartment I own and agreed that they could put up a stud wall to create an extra room
When they moved in recently they immediately put the partition wall but the managing agents objected and have asked for it tone taken down
The lease I gave to tenement does say that if a superior lease exists that is binding and any covenants have to be observed (as I understand it)and is available on request
I gave special written consent at my end thinking when they do it they will enquire further
The agent have a disclaimer and won't help and now say that I should have known what was in my original lease ...it is a 3 year contract and have got there commission for 3 years so they are not interested
The tenet is asking for discount
Am I in breach and if so what can happen
The original lease does say permission cannot be unreasonably withheld for alterations ...this is for an extra bedroom
What can I do ...admittedly the superior landlord should have been informed earlier but that was a mistake and now they are refusing to granting the grounds it might be a fire risk but the fire dept has done a home safety check and it's ok with them
They are verbally saying it might lead to multiple dwelling
What can I so
Submitted: 11 months ago.
Category: Property Law
Expert:  Michael Holly replied 11 months ago.

You should have checked the position fully before agreeing to the stud wall.

However, the landlord cannot unreasonably with hold permission and none of the objections are reasonable.

An additional bedroom will add value and in any event you can remove it easily before handing the property back to the superior landlord. The fire brigade say that it is ok by them. The multiple occupancy argument is a joke, you could have 20 people in there with or without a wall and there is a separate remedy for that.

I would stand my ground and tell them that you believe consent is being unreasonably with held and they will have to enforce the terms of the lease if they want it removed. I would also offer to reinstate the flat to it's original condition after these tenants leave. The chances are by then everyone will have forgotten all about it.

I hope this helps.

If there are any further points please reply and I will be happy to respond.

Best wishes

Michael

Customer: replied 11 months ago.
Thanks for that I have a 999 years lease on the property
They also said I need to have neighbours consent and has to be approved by residents committee
Can you help me loosely phrase the lettet
Customer: replied 11 months ago.
Also although the wall has been put up I stopped the works from being completed ... Shall I tell the tenement to complete
Expert:  Michael Holly replied 11 months ago.

The management company may have you and you neighbours as shareholders but the company is unlikely to be the superior landlords. Management companies are usually set up by landlords to manage the property.

For the letter follow the format above but put the points about the refusal being unreasonable in bullet form.

I would wait until after the letter has been sent to finish the work.

Best regards

Michael

Michael Holly, Solicitor
Category: Property Law
Satisfied Customers: 6756
Experience: BA honours degree in law, over 20 years experience in litigation, contract and property matters
Michael Holly and other Property Law Specialists are ready to help you
Customer: replied 11 months ago.
Dear Ms Iqbal,
All information received was sent to our clients last Friday and their response is below:
'Fire door or not they cannot put a bedroom in the living area if it means that they have to pass the kitchen to the fire exit. Quite apart from the other breaches on working without permission and partial letting, this is our position'.
When Charles Lucas inspected your property on behalf of Mainstay he noticed that the door which was on site,(assumed to be fitted in the new partition), was not a fire door.
Our clients maintain that the flat needs to be put back as per its original layout immediately.
Kind RegardsHayley Harvey MIRPM
Property Manager
Mainstay Residential Limited
***@******.***07802 878 406
www.mainstaygroup.co.ukWe welcome both positive and negative feedback and will use the results to help us improve our services to you. Please click here to complete our survey.
P Please consider the environment before printing this emailClick here to see Mainstay's awards and accreditations - www.mainstaygroup.co.uk/about/accreditationsTo read our legal disclaimer please visit - www.mainstaygroup.co.uk/emaildisclaimer
Mainstay Group Limited (registered number(###) ###-#### ***** its subsidiaries and MRML Limited (registered number(###) ###-#### ***** all registered in England and Wales and all have their registered office at Whittington Hall, Whittington Road, Whittington, Worcester, WR5 2ZX.
From: Sam NEWENGLAND [mailto***@******.***]
Sent: 20 June 2016 08:57
To: ***** *****
Subject: Re: PARTITION OF 101 WATERMANS
Morning Hayley
The Room will be used as an extra bedroom
KR
SadhanaOn 20 Jun 2016, at 08:53, Hayley Harvey <*****@******.***> wrote:Dear Ms Iqbal,
Thank you for the information. Please may you advise for what purpose is the room being partitioned?
Kind RegardsHayley Harvey MIRPM
Property Manager
Mainstay Residential Limited
***@******.***07802 878 406
www.mainstaygroup.co.uk
We welcome both positive and negative feedback and will use the results to help us improve our services to you. Please click here to complete our survey.
P Please consider the environment before printing this emailClick here to see Mainstay's awards and accreditations - www.mainstaygroup.co.uk/about/accreditationsTo read our legal disclaimer please visit - www.mainstaygroup.co.uk/emaildisclaimerMainstay Group Limited (registered number(###) ###-#### ***** its subsidiaries and MRML Limited (registered number(###) ###-#### ***** all registered in England and Wales and all have their registered office at Whittington Hall, Whittington Road, Whittington, Worcester, WR5 2ZX.
From: Sam NEWENGLAND [mailto***@******.***]
Sent: 17 June 2016 08:52
To: ***** *****
Subject: Fwd: PARTITION OF 101 WATERMANSDear Hayley
Thank you for your time this morning
Please see attached works proposed and
Commenced. However as soon as we became
Aware that advanced permission is required
We have stopped the works till the matter
Is resolved
We have been informed by yourselves that
The application has been rejected for the moment due
To concerns abut access of the additional
Room being via the kitchen but we have
Been advised by the fire dept that as long
As there is a fire door they do not have
An issue
I am happy to provide any other info that is
Required by you
I am sorry that it has come this
Far and was a genuine error
The leases also states that consent cannot
Be unreasonably withheld
I really hope this can be agreed as I have
Signed the contract and will be in problem
I look forward to hearing from you
KR
Sadhana IqbalBegin forwarded message:From: "London State" <*****@******.***>
To: "*****@******.***" <*****@******.***>
Subject: Fwd: PARTITION OF 101 WATERMANSHi Sadhana
i wrote the request letter and tried to explain what is going on in the flat and i attached it
Kind regards
--Dear Ms Iqbal,
All information received was sent to our clients last Friday and their response is below:
'Fire door or not they cannot put a bedroom in the living area if it means that they have to pass the kitchen to the fire exit. Quite apart from the other breaches on working without permission and partial letting, this is our position'.
When Charles Lucas inspected your property on behalf of Mainstay he noticed that the door which was on site,(assumed to be fitted in the new partition), was not a fire door.
Our clients maintain that the flat needs to be put back as per its original layout immediately.
Kind RegardsHayley Harvey MIRPM
Property Manager
Mainstay Residential Limited
***@******.***07802 878 406
www.mainstaygroup.co.ukWe welcome both positive and negative feedback and will use the results to help us improve our s
--
Customer: replied 11 months ago.
Hello miichael
I am not sure if you have received all the info I have sent .... Despite my request and assertion that the main lease holder is unreasonably withholding consent ... They are now saying I am in breach as I didn't apply before and in breach for partial letting... I have rented to a management company and they find their own tenents....can you please advise again on course of action

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