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The importance of obtaining freeholders consent

Are you thinking of carrying out alterations to your leasehold property? Do you believe the works to be so trivial that you can do them on your own accord? Well this is the school of thought that has resulted in numerous leaseholders experiencing severe problems in the long run.

The importance of obtaining freeholders consent is often overlooked and one that proves to have huge consequences. The majority of leases contain a clause which requires the leaseholder to obtain prior written consent from the freeholder before any alterations are done to the property, whether it be an extension, removal of a party wall or even changing the flooring. By failing to obtain the relevant consent leaseholders leave themselves susceptible to encountering problems when they go on to sell the property for a host of reasons.

For example;

  • If the internal layout of the property may not be synonymous with the lease plan

  • The freeholder may issue forfeiture of lease proceedings against the property

  • The Local Authority may take planning enforcement action.

All these consequences will result in

  • Discouraging potential buyers

  • Remedying breaches which are very costly and timely

  • Elongating timescales of your potential sale

In order to prevent you being an inadvertent victim call us and our team of expert lawyers will be more than happy to facilitate in perusing your lease and advising you accordingly.

Shareholders' Agreements - Preventing Shareholder ...
When things go wrong on completion