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LawyerDan90
LawyerDan90, Solicitor
Category: Property Law
Satisfied Customers: 225
Experience:  Expert
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I live in Harrow, north-west London. I am a leaseholder of a

Customer Question

I live in Harrow, north-west London. I am a leaseholder of a 1 bedroom ground floor maisonette and want to convert my front garden to parking space. My freehold agreement says that any alterations must be done with a consent of a freeholder A neightbour on my street already did so though a planning agent and i contacted same agent to do the planning application for me. The agent told me that i dont need to contact the freeholder and he is going to submit the planning application and then the Harrow council will contact the freeholder. I doubt if a freeholder could consider it as a breach of leasehold agreement? Any advice would be appreaciated.
Submitted: 18 days ago.
Category: Property Law
Expert:  LawyerDan90 replied 18 days ago.
Good Evening, my name is ***** ***** I am a Solicitor. Thank you for your question.  

It would be advisable to contact the freeholder to inform them of your plans and let them know that the council will be contacting them to discuss the planning application. The remedy is better than the cure, as breaching your leasehold agreement could lead to the freeholder taking legal action against you.

The freeholder shouldn't unreasonably withhold consent. There is normally a charge involved with obtaining approval, in the form of a License for Alteration.

Expert:  LawyerDan90 replied 18 days ago.

Also, it is important to note that contacting the freeholder sooner rather than later could prevent delays during the planning permission process.

Customer: replied 18 days ago.
hi Daniel, thank you for reply. The panning agent just replied. Here is a text from his reply “…I, also put the freeholders name and address on the application form. The council will send notice to them. This is the way its’s done. They also put it in the local paper. You
can if you want contact the Freeholders but it’s the council that legally has to do it”. This the same planning agent who did applications with granted result for 2 neightbours from my street. Why he is so sure when he says “this is the way it’s done”?
As for aforementioned License for Alteration - if such is given, it can be used only for the case its given or it can cover other alterations as well?
Customer: replied 18 days ago.
I will probably send a letter to the freeholder. Are there any advices on how to write such letter or it can be written in a casual way ?
Expert:  LawyerDan90 replied 17 days ago.
It is best to formalise the letter as best you can. I would strongly recommend using clear paragraphs and bullet points to ensure all points are addressed. Kind regards Daniel
Expert:  LawyerDan90 replied 17 days ago.

If you like I am happy to review your draft letter and offer some feedback as a premium service