Advice -Permission to Let or Alter-Why!?

The extent to which permission is required varies lease to lease, some are silent, some are generalised and some prescriptive.

In all cases of letting, there is the basic need for the landlord to know who you are and where you are, to communicate and of course get your money in, and to ensure that the occupant is familiar with and even bound by the rules and regulations in the leases.

Bog standard AST agreements are unlikely to mirror sufficiently the relevant terms of leases leaving the tenant and flat owner is a difficult position.

In the case of alterations. The broad argument is that the  property is to be handed back at the end of the lease in a comparable condition and standard, or of the owner stays on , they are a renting tenant and the landlord will become responsible for many items which formally the owners.

Converting a 3 bed 2 bath flat into a open plan studio will decrease the value significantly in most markets.

The compelling argument is that layout changes particularly those affecting the structure  need to be approved  as the landlord has a broader obligation to all the owners to ensure that, in simple terms your open plan studio roof, which is someone’s floor, doesn’t collapse, and in any event any and all  works are carried out with  due regard to other building users.

Its tempting to say “ what owner would do dangerous works in their home” well quite few, not least those who aren’t keeping on the medication. In general though  owners are very often unaware of ( and much less care about)   the scope and complexity of building work and can be duped by a inexperienced or conniving  contractor. They, not the contractor, bear the principal liability.

Even where consent is not required, the layout plan and description may need amending so that the lease shows what has been granted for the purposes of a future sale or loan.

A common mistake is altering that which is not yours eg removing a chimney breast or converting a window to a balcony door when the wall below is not yours.

And finally a word about timing. Consent is not available overnight or by return nor should the landlord be regarded as it being his problem.

In most cases 2 clear weeks will be needed for simple works and for more complicated issues at least 4 weeks.

Pressing ahead can be very expensive – the architect who rocked at 4.50 pm on Maundy Thursday to say here are several plans and an inch thick spec, we start on Tuesday was told to leave. He threatened to go ahead and in turn his client got instead a hand delivered letter from Solicitors that day threatening any work starts and we injunct with costs.