converting flat from 1 to 2 bedrooms
converting flat from 1 to 2 bedrooms
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Webbit

Original Poster:

2,543 posts

199 months

Sunday 24th July 2011
quotequote all
Hi all,
My brother owns a 1 bed leasehold flat which is the upstairs part of an old 3 bedroom house. The freehold is owned by the downstairs flat. My brother has the capacity to convert his flat into a 2 double bedroom flat if he moves his kitchen into the living room (currently 18x20ft).

He had wanted to do a loft conversion in the past but the freeholder said no because she didn't want extra people in the flat (citing noise as the main reason). Move on a couple of years and my bro is now single and and needs to rent a room out for cashflow, can the freeholder legally stop him, notes from the lease docs say:

- any structural and non structural alternations need to have gained consent before woks commence
- nothing about it having to stay as a 1 bed
- he owns half of the space between floor and downstairs ceiling (thinking for pipes etc)

Or is a case of what the freeholder says goes?

Cheers,
Matt

Crafty_

13,869 posts

224 months

Sunday 24th July 2011
quotequote all
Webbit said:
Hi all,
My brother owns a 1 bed leasehold flat which is the upstairs part of an old 3 bedroom house. The freehold is owned by the downstairs flat. My brother has the capacity to convert his flat into a 2 double bedroom flat if he moves his kitchen into the living room (currently 18x20ft).

He had wanted to do a loft conversion in the past but the freeholder said no because she didn't want extra people in the flat (citing noise as the main reason). Move on a couple of years and my bro is now single and and needs to rent a room out for cashflow, can the freeholder legally stop him, notes from the lease docs say:

- any structural and non structural alternations need to have gained consent before woks commence
- nothing about it having to stay as a 1 bed
- he owns half of the space between floor and downstairs ceiling (thinking for pipes etc)

Or is a case of what the freeholder says goes?

Cheers,
Matt
Sounds like he needs permission to me.

Webbit

Original Poster:

2,543 posts

199 months

Sunday 24th July 2011
quotequote all
Cheers, so is it fair to say the freeholder holds all the cards in this situation?
M

MJG280

723 posts

283 months

Sunday 24th July 2011
quotequote all
Depends whether there is a clause stating that landlord consent cannot be unreasoably witheld. It may be implied that the landlord cannot withold consent even if there isn't such a clause.

Lawyer's advice is required.