Permission from leaseholder

[cliley]

Hello
I am building a single story lean-to extension to the back of the house. I applied to the lease holder for permission for this. I have forwarded on a copy of the drawings that were sumitted for planning permission. I have had a letter today saying he will grant permission after I have paid him £2000! I cant believe this, its probably just under 10% of what the whole extension will cost. Can he do this?

[jeffrey]

1. Are you yourself not the leaseholder? I guess that your post meant, "...I applied to the freehold reversioner..."
2. Is the proposed extension going to be on land which:
a. is already in your leasehold; or
b. is outside your leasehold but, currently, within the freehold not subject to any lease?

[cliley]

Thank you for your quick reply.
Sorry if I have not been very clear, I think its probably becuase I am a bt confused.
I own the property but pay ground rent to a company in southhampton. The propery is not freehold and we were offered the oppertunity to become freehold last year but it was going to cost >£5000 and we didnt think it was worth it when there was >600 years left on the lease. Hope this makes sense.
We are removing a conservatory to build the extension and the extension will be 1m wider and 30cm longer than the current conservatory for which there was permission from the freeholder to build.
I would have to try and decipher the documents to answer this second question more fully than this.
Hope this helps

[jeffrey]

Get deciphering, then!

[cliley]

Sorry!
Have looked at the lease. It says all 242 square yards of ground fronting onto the house are covered by the lease and the diagram on the lease seems to include the whole house and garden. So Im pretty sure the answer to question 2 is 'a' - already covered by the lease.
Thanks.

[jeffrey]

Sorry!
Have looked at the lease. It says all 242 square yards of ground fronting onto the house are covered by the lease and the diagram on the lease seems to include the whole house and garden. So Im pretty sure the answer to question 2 is 'a' - already covered by the lease.
Thanks.

Good. So you already have leasehold title to the area concerned and need only L's consent.

Refer L to s.19 of Landlord and Tenant Act 1954. See http:www.landlordzone.co.uk/forums/showthread.php?t=10855, then post #6.

[cliley]

Brilliant, thank you very much.
To be clear does this mean we dont have to pay him anything, just inform him of what we are doing?

[jeffrey]

Brilliant, thank you very much.
To be clear does this mean we dont have to pay him anything, just inform him of what we are doing?

Yes, IF you comply strictly with the section's requirements.

[Poppy]

Excuse me cliley but have you carefully noted what jeffrey said? You need consent from the freeholder. And I would further qualify that with written consent.

I realise that you say that you are replacing an existing conservatory. But you do not own the conservatory or the building, the freeholder does (correct me if I am wrong).

[cliley]

I have no idea. I certainly pay a big mortgage payment every month that makes me feel like I own it!
I thought the LTA 1927 19(2) covered the fact that the landlord could not withhold consent unreasonably. What would be the reasonable reason for withholding consent?

[jeffrey]

Excuse me cliley but have you carefully noted what jeffrey said? You need consent from the freeholder. And I would further qualify that with written consent.

Yes, consent is required; but s.19(2) may apply. If so, L cannot charge lump sum for it; and no damage or diminution in value is likely either; so L can charge no more than "legal or other expenses properly incurred in conection with [giving] such licence or consent".


I realise that you say that you are replacing an existing conservatory. But you do not own the conservatory or the building, the freeholder does (correct me if I am wrong).

Not really. T owns leasehold interest, which includes all buildings on it. L owns f/r in ditto.

[tenant29]

Thank you for your quick reply.
Sorry if I have not been very clear, I think its probably becuase I am a bt confused.
I own the property but pay ground rent to a company in southhampton. The propery is not freehold and we were offered the oppertunity to become freehold last year but it was going to cost >£5000 and we didnt think it was worth it when there was >600 years left on the lease. Hope this makes sense.
We are removing a conservatory to build the extension and the extension will be 1m wider and 30cm longer than the current conservatory for which there was permission from the freeholder to build.
I would have to try and decipher the documents to answer this second question more fully than this.
Hope this helps

How much is the annual ground rent ? and which part of UK is your leasehold house located ?