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Hi All
I have a query regarding Section 5 of L&T Act 1987 in regard to leasehold alterations, if anyone is able to assist;
I'm currently negotiating a Licence to Alter for a flat conversion project, within a block comprising multiple other flats. I purchased the flat from the Freeholder who obtained planning consent for my works before selling.
The Landlord's surveyor has responded regarding my demolition works with the following comment;
"Section 5 Landlord & Tenant Act 1987
The lease states that external walls are retained by the landlord and the lease plan shows that the structure in the bedroom is outside the redline therefore the areas to be demolished do not form part of the demise.
Prior to demolition, you would need to acquire these areas. This would be via a formal legal process which would take a minimum of 2 months. Failure to follow the statutory process is a criminal offence so the Freeholder must follow the procedure.
If the Freeholder had remained the owner of the space, Section 5 would not apply as they would be the owner of the structure and there would be no element of disposal."
I'm struggling to establish whether obtaining the leasehold interest on a small section/nib of wall (circa 0.5sm in area) within my flat but shown outside of the red demise line on the lease plan, would qualify as a relevant disposal under Section 5, as I've undertaken similar works before, but it was addressed with a Licence to Alter.
Until now I'd only thought Section 5, the Right of First Refusal, applied to selling the Freehold, or a loft area, etc. rather than a small section of wall within my flat.
I'd be grateful for any comments.
I have a query regarding Section 5 of L&T Act 1987 in regard to leasehold alterations, if anyone is able to assist;
I'm currently negotiating a Licence to Alter for a flat conversion project, within a block comprising multiple other flats. I purchased the flat from the Freeholder who obtained planning consent for my works before selling.
The Landlord's surveyor has responded regarding my demolition works with the following comment;
"Section 5 Landlord & Tenant Act 1987
The lease states that external walls are retained by the landlord and the lease plan shows that the structure in the bedroom is outside the redline therefore the areas to be demolished do not form part of the demise.
Prior to demolition, you would need to acquire these areas. This would be via a formal legal process which would take a minimum of 2 months. Failure to follow the statutory process is a criminal offence so the Freeholder must follow the procedure.
If the Freeholder had remained the owner of the space, Section 5 would not apply as they would be the owner of the structure and there would be no element of disposal."
I'm struggling to establish whether obtaining the leasehold interest on a small section/nib of wall (circa 0.5sm in area) within my flat but shown outside of the red demise line on the lease plan, would qualify as a relevant disposal under Section 5, as I've undertaken similar works before, but it was addressed with a Licence to Alter.
Until now I'd only thought Section 5, the Right of First Refusal, applied to selling the Freehold, or a loft area, etc. rather than a small section of wall within my flat.
I'd be grateful for any comments.