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Stuart J
Stuart J, Property Solicitor
Category: Property Law
Satisfied Customers: 27220
Experience:  Senior Partner at Berkson Wallace
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My neighbour may build an extension contrary to his lease.

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my neighbour may build an extension contrary to his lease. Can I get an injunction.
JA: What steps has your neighbor taken so far? Has he prepared or filed any paperwork?
Customer: he has obtained conditional approval from Reigate and Banstead Planning a condition of which is compliance with the terms of his lease and its covenants. This forbids change in appearance. I am afraid he will proceed
JA: Has he talked to a lawyer about this?
Customer: I don't know
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: My neighbour lives in an apartment which is one of 6 in the building. The building is in an estate containing 5 buildings. The occupants are shareholders in a company which has grated 999 year leases to each of the occupants.

Hello. My name is***** you for the question.

It is my pleasure to assist you today.

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So this is a leaseholder?

and he owns the freehold or not?

Customer: replied 4 days ago.
see my earlier reply. It is a shared ownership

The fact that he’s got planning permission doesn’t mean that he can go ahead and do it if it’s a requirement of his lease that he needs consent.

It is for the freeholder to take action, not the other leaseholders.

Customer: replied 4 days ago.
I am powerless if he proceeds without the lessor's permission. I am a shareholder in the lessor company

If the freehold is owned by a limited company and you are a shareholder then you owned a limited company but you don’t run it. The action needs to be taken by the directors of the freehold company.

You could bring an action to stop this in its tracks if it’s going to affect your occupation of the property and I would start with the solicitors letter.

It is often the case that a robustly worded letter from a/your solicitor threatening a court application and an application for costs, may resolve the issue without the need to go as far as court.

On your house insurance you may have legal expenses cover that would pay for the legal cost so it’s worthwhile checking. Some do and some don't.

Customer: replied 4 days ago.
I am a leaseholder in a similar property on the estate. Would my elderly neighbour who is a leaseholder in the same property need to be the one taking the action and writing the letter.
Customer: replied 4 days ago.
The estate has communal buildings insurance. We all pay a share of the premium in our estate service charge

If you are not a director of the freehold company and you are not affected by this, but I can’t see that you have any claim to make although your friend may be affected may be able to do so.

Customer: replied 4 days ago.
I understand. My elderly neighbour would need to be the one writing the letter or asking her solicitor to do so. She lives in the flat above and would be severely impacted by the works

I think the sooner the better she gets that letter written and unless the guy acknowledges that he is not going to start, I would seriously consider making the application for an injunction. 

Ideally it needs to come from the freeholder so I would suggest that she involves them

Customer: replied 4 days ago.
Can you suggest the approximate cost ?
Customer: replied 4 days ago.
e.g. <250,<500<750

If you DIY, the court fee alone is GBP330 and the solicitor would probably charge a couple of grand for making the application.

Stuart J and 6 other Property Law Specialists are ready to help you
Customer: replied 4 days ago.
You have been very helpful although to proceed I need others to pitch in. We are looking at a rough cost estimate of £2500

The more the merrier. Spread the cost and spread the risk.

Customer: replied 4 days ago.
Can I access you again if need be?
Customer: replied 4 days ago.
I see that I can. TTFN

Of course you can.

If you would like to ask me a new question in the future, (not just clarification on this thread, then please just type @ (the at sign) followed by my name and you’ll be able to select my username to tag me in the question.

If you like, you can also put “For Stuart J only” in the question thread and then the other experts will know that it’s for me.

You can also tag me as one of your favourite experts.

Thank you

Kind regards.

Stuart

Customer: replied 4 days ago.
Got it!

Thank you