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Ask F E Smith Your Own Question

F E Smith
F E Smith, Advocate
Category: Property Law
Satisfied Customers: 8563
Experience:  I have been practising for 30 years.
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I'm a freeholder of an upstairs and downstairs maisonette

Customer Question

I'm a freeholder of an upstairs and downstairs maisonette and I live downstairs.A few years ago the Leaseholder from upstairs replaced the porch without permission but did not replace the door.She is now selling and I'm filling out an LPE1 form.She has now paid me some money for a replacement door which she requested be fitted after the buyers have moved in (to make it easier to get furniture in).My windows and front door are white PVC as are her windows and she replaced the porch with an orange looking wood which I've never liked.In accordance with the lease she is not permitted to make these alterations.The breach regarding the door which she didn't replace has now been rectified as I've receied payment but during my conversations with her I didn't mention anything about the actual porch which was also a breach.Do I need to add this to the LPE1 form anywhere and what should I say?Thanks
Submitted: 15 days ago.
Category: Property Law
Expert:  Aston Lawyer replied 15 days ago.

Hi, do you want to take any action against the upstairs owner concerning the porch? Kind Regards Al

Customer: replied 15 days ago.
Hi again!Probably not, as I didn't mention the porch when we were discussing the door, it would probably come across as me being difficult.She also recently replaced the boiler and a hole was drilled thru the wall for the flue which I am going to add to the form just so that if anything goes wrong with the boiler they will know she didn't have my consent but I don't want to take action against her about the boiler. Basically want to cover myself if anything comes back to bite me at a later date IYKWM :)Ideally I would have preferred a white PVC porch but wood can always be painted!Should I mention anything on the form?Thanks
Expert:  F E Smith replied 10 days ago.

I see the previous expert has opted out. I will try to help you. If there was a previous breach I would mention the previous breach but say that it’s now been rectified.

With regard to other breaches, it doesn’t matter whether they are a breach or not, because if you are the freeholder, you are allowed to grant consent for things which are also in breach.

What you would say therefore is that there is a porch she’s in breach of the terms of the lease you confirm that do not intend to take any enforcement proceedings and that if the seller wishes to provide a draft licence for alterations, be prepared to sign it if they will agree to pay your reasonable fee which my suggestion would be hundred and £50 plus VAT if you are VAT registered.

Can I clarify anything else for you?

It’s an important part of the process by which experts get paid.

We can still exchange emails.

Best wishes.

FES.

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