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Ask James Mather Your Own Question
James Mather
James Mather,
Category: Law
Satisfied Customers: 22629
Experience:  Senior Partner at Berkson Wallace
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Last September we purchased a leasehold ground floor flat with

Customer Question

Last September we purchased a leasehold ground floor flat with garden and have completely renovated the interior.

We want to replace the very dilapidated conservatory and extend it by 30%. We have obtained planning permission for this but on trying to obtain consent from the freeholder first of all they wanted £8.5K to allow us to do so stating that this was a third of the uplift in the value from when we bought it to it's present day value.

We argued that the present value was due to all the work we have done, rewiring, replumbing, replacing central heating, new kitchen, new bathroom etc. They came back and said ok, they would agree with no consent charge if we allowed them to increase the ground rent from £50 pa to £275 pa. We have been advised not to accept this and just sit tight as should we wish to extend the lease (73year at present) the value to them and therefore the cost to us would be much more.

We wondered that if we purely replaced the conservatory and didn't extend it would we
a) need planning permission and b) have to obtain the freeholder's consent since we are not altering, just replacing the conservatory which is already on the plans.
Submitted: 5 years ago.
Category: Law
Expert:  James Mather replied 5 years ago.
Are you planning to change the structure externally?
Customer: replied 5 years ago.

We would be replacing the windows and roof but not the walls at the base and the end wall adjoining our neighbour.

Expert:  James Mather replied 5 years ago.

You can replace like for like in area and volume with no PP or consent.

What does yr lease say about cost of consent?

Is uplift/overage mentioned?

Why dont you extend the lease and then do the conservatory extension?