Tweet
Hello,
I'm in the process of selling my flat (Leasehold) and the Freeholder is asking for retrospective permissions for alterations which were completed by the people who held the Leasehold before the people who held it before me, about 20 years ago. 2 out of 3 alterations in question have had a like-for-like substitutes within the last 8 years. I am hoping there is a Statute of Limitations on this, given how long ago the originals alterations were completed. I'd be very thankful if anyone could share any insight on this.
I didn't know the permissions were not issued for these alterations. The Freeholder's agents submitted the Management Pack for the sale to my solicitors a few weeks ago, not mentioning any outstanding permissions. Additionally, nothing was mentioned when I purchased the property 8 years ago or any time since.
The lease agreement has a covenant about alterations:
"Not to make any alterations or additions to the exterior of the Premises nor any structural alterations or structural additions to the interior of the Premises [...] without the previous consent in writing of the Lessor such consent not to be unreasonably withheld."
I was inclined to pay for the retrospective permissions to avoid any complications with my sale, however the Freeholder refuses to commit to a fixed cost for these retrospective permissions and has given me an estimate, and then came back with yet another estimate a week later, this time triple the amount of the first one, without any change of circumstances.
Since the alterations were completed 20 years ago, well before I purchased the property, and it is reasonable to expect the Freeholder was aware of the alterations as the Freeholder's Managing Agent's Director lives on the premises, would this be covered by a Statute of Limitations of 12 years? Would the like-for-like substitutes within the last 8 years impact this?
Many thanks for your help!
I'm in the process of selling my flat (Leasehold) and the Freeholder is asking for retrospective permissions for alterations which were completed by the people who held the Leasehold before the people who held it before me, about 20 years ago. 2 out of 3 alterations in question have had a like-for-like substitutes within the last 8 years. I am hoping there is a Statute of Limitations on this, given how long ago the originals alterations were completed. I'd be very thankful if anyone could share any insight on this.
I didn't know the permissions were not issued for these alterations. The Freeholder's agents submitted the Management Pack for the sale to my solicitors a few weeks ago, not mentioning any outstanding permissions. Additionally, nothing was mentioned when I purchased the property 8 years ago or any time since.
The lease agreement has a covenant about alterations:
"Not to make any alterations or additions to the exterior of the Premises nor any structural alterations or structural additions to the interior of the Premises [...] without the previous consent in writing of the Lessor such consent not to be unreasonably withheld."
I was inclined to pay for the retrospective permissions to avoid any complications with my sale, however the Freeholder refuses to commit to a fixed cost for these retrospective permissions and has given me an estimate, and then came back with yet another estimate a week later, this time triple the amount of the first one, without any change of circumstances.
Since the alterations were completed 20 years ago, well before I purchased the property, and it is reasonable to expect the Freeholder was aware of the alterations as the Freeholder's Managing Agent's Director lives on the premises, would this be covered by a Statute of Limitations of 12 years? Would the like-for-like substitutes within the last 8 years impact this?
Many thanks for your help!
) like-for-like substitutes don't affect the argument
Comment