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Retrospective Licence to Alter process

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  • Retrospective Licence to Alter process

    Following up on my previous thread, I'd very much appreciate help understanding how to go about getting Retrospective Licence to Alter from a freeholder.

    I had gas engineers replace an old boiler with a new condensing boiler in a leasehold flat in a block with a freeholder landlord. The job was to take out the old boiler and put the new boiler in at the same location. I found out that the engineers had made external alterations - drilling a new flue, and adding a condensate drain pipe that connects to a downpipe. I didn't expect them to make external alterations, they had not raised the intention or possibility with me beforehand, and I had not gained prior consent for these (and my lease requires the landlord's consent for external alterations). The engineers are Gas Safe registered.

    I would appreciate information about the best process to now follow - I've tried searching online a lot but am still very unclear about it. Any insights into any of the following would be much appreciated.

    Should I contact the landlord explaining what has happened and asking for a Retrospective Licence to Alter ASAP? Or would it be wise to seek legal advice first?

    Do I need a solicitor in this process? Or at what point would it make sense to engage a solicitor?

    My understanding is that it's possible in principle for the freeholder to require that the works are undone. Then the flat's heating system would not work, unless an alternative option were put in place. The flat is rented out and its occupants include young children. Is there a way to be able to ensure that the heating system can continue being used until an agreed solution is in place?

    Is it possible to give any idea of how large my costs may end up being? E.g. from any similar past cases?

    I expected that the engineers would inform me and ask my permission before making external alterations. If I have to pay costs for the Retrospective Licence to Alter, do I have any grounds for reclaiming all or part of those costs from the engineers?

    If the gas engineers didn't act improperly, then when replacing a boiler, what process are leaseholders expected to reasonably go through to ensure there is not an accidental breach of the lease?

    Thanks for any help you can give.
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  • #2
    You need to write to the freeholder giving full and exact details of the alterations that have been carried out. You must meet any other requirements set out in the lease, such as where to send your request, or payment of a fee. Please note that you will probably have to pay the freeholder's legal costs.

    Are you sure that this is an "alteration"? Check definitions in the lease.
    Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

    Guides and handbooks for Litigants in Person - :

    https://legalbeagles.info/forums/for...60#post1701560

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