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Alex J.
Alex J., Solicitor
Category: Property Law
Satisfied Customers: 3932
Experience:  Two years conveyancing experience.
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I am selling a flat and i maybe in a pickle. Back in 2013 i

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Hi i am selling a flat and i maybe in a pickle. Back in 2013 i installed new double glazing windows on the property without getting permission from the freeholder. the window were double glazed before but in very bad condition. In 2012 The freeholder had updated all the other windows in the block (4 property block of maisonettes) but left my because they were technically double glazed. So i installed new double glazing in mine in 2013. This year i have extended the lease of the property with the statutory section 42 and was granted a lease extension of 90 years back in April. I have payed my service charges every time and on time. I am in the process of selling the flat now but the buyer is asking if i got permission from the freeholder. What can i do? If i or they inform the freeholder now can the freeholder petition to forfeit the lease or can they charge me for doing it without permission? the freeholder is a council and it is a national housing association that manages it for the council. Or can i just get indemnity insurance or something like this.
Also i did a full refurb (no rewire) and installed my self a new water cylinder and immersion heater my self. the wiring in of the immersion heater back into the wall switch might be notifiable works but i did not get an electrician to do it. i did get a registered electrician to come into the property and do a Periodical test on every thing which passed with flying colours.
The buyer is being picky and asking for certificates for any works like the immersion heater. what can i do about this?
Thank you

Hi Thank you for your question and welcome my name is ***** ***** I will assist you. The landlord wont be able to forfeit the lease for simply putting in double glazing without permission - forfeiture is a likely remedy if you have gone bankrupt for example or you altered the structure and internal layout of the property to the point that it makes the building unsafe. Really you have the following options:

1) You delay completion to go and get permission

2) You allow the buyer to get permission, and agree a retention for the cost of replacing the windows so they match the other residents;

3) You can get indemnity insurance against a breach of lease, but only if you have not sought the permission of the landlord first.

In relation to the electrical works, either say to the buyer either he sorts it himself or go and get an electrician to certify the work. While buyers ask lots of questions, the questions you have described are fairly common and probably wont put off a serious buyer- in all likelihood he is trying look for reasons to drop the price.

Kind regards AJ

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Customer: replied 1 year ago.
Hi thank you we completed last Friday. just reduced price a bit.