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Leasehold restrictions, can they be overruled.

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  • Leasehold restrictions, can they be overruled.

    Hi
    I own a leasehold ground floor flat. I have a term in the lease that basically means if I want to do anything at my flat, and mostly now I talking externally, increasing window size,
    fencing off my patio area, I have to get management permission.
    Is it possible to challenge a ‘no you can’t do that’ on the grounds of unreasonableness.
    The planning authority would approve the alterations, additions.
    Tags: None

  • #2
    When you bought, you agreed to these things. It may always be worth asking the freeholder, but expect to have to live with the result.

    The views of the planning department are not relevant.

    Comment


    • #3
      The flats are managed by a management company. Yes I understood the terms of the lease, in that if I wanted to do anything I had to ask first. But surely the response must be reasonable and not just no, it’s always been that way and staying that way.

      I want to wall/fence my patio like other properties have done, but because mine is on a different side of the building, and individual I am told no. It will affect no other residents. It will just be different to what people have got used to.

      Comment


      • #4
        I suggest you contact LEASE. They are a government funded body who will give fee qualified legal advice.

        Comment


        • #5
          What are the words used in the lease? Is it not to do certain things, full stop? Or not to do them without landlord's consent? Or not to do them without landlord's consent, not to be unreasonably withheld?
          Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

          Litigants in Person should download and read the Judiciary's handbook for litigants in person: https://www.judiciary.uk/wp-content/..._in_Person.pdf

          Comment

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