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UKSolicitorJA, Solicitor
Category: Law
Satisfied Customers: 4312
Experience:  English solicitor with over 12 years experience
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I am Director of a Management Company 18 flats, I live in one.

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I am Director of a Management Company 18 flats, I live in one. Lease has wording re alterations " not to make any structural alterations or additions to the Demised Prmises or any party walls without the prior approval in writing of the Lessor to the plans and specifications thereof whose fees for such approval shall be paid by the Lessee.
10 months ago all leaseholders were consulted under Section 20 terms and agreed to replace the single glazed windows the internal mechanisms which could no longer be repaired with upvc double glazed windows. As this was a replacement it ws not considered to be a structural alteration eg erection of extension or knocking down a wall and the consent of the lessor was not requested. One of the flats is now being sold and the bury has requested or asked whether written consent as provided. Can you clarify if structural alteration extends to the installation of new windows. I am sole Director of the company and am worried re personal action against me if it turns out that conveyancing cannot proceed etc
Replacement of windows is a structural alteration and consent of the lessor should have been sought under the provisions of the Lease.
You would not be personally liable as you did not engage in any wrongdoing or fraud and you acted with the honest belief that consent was not required.
I would suggest that the retrospective consent of the lessor is sought to the replacement of the windows as soon as possible so as to comply with the provisions of the Lease, or a letter of no objection from the lessor to the replacement of the windows.
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