QUESTION
"I have a leasehold flat on the first floor with a loft space. I want to convert this into another room / loft conversion but the freeholder who lives downstairs on the ground floor will not give their permission as they think the process will be too noisy.
Is there anything else I can do if this is their only reasoning for not giving consent? Any advice would be appreciated.
ANSWER
It is not clear if the loft space above your flat forms part of your demise or not. If not, then the freeholder has no obligation to allow you to convert it, but may be willing to do so for a premium.
If the loft is within your demise, then you will need to see what your lease says about alterations to your property. They may not permit alterations at all, in which case again the freeholder has no obligation to allow you to do the works. More likely they will allow you to make alterations with the Landlord’s consent, which generally must not be ‘unreasonably’ withheld. Unfortunately there is no definition of reasonableness, and what may be reasonable to some Landlords may not appear so to others. Any work of this nature will cause an inconvenience to other residents, especially if there are only two flats in the building, but perhaps the Landlord would be willing to accept the disturbance providing your contractors work to set hours, and within an agreed timeframe. Alternatively, you may be prepared to pay for alternative accommodation whilst the noisy works are underway. Generally, the best solution here may be to discuss the matter with the Landlord and contractor, to see if a reasonable compromise can be reached so that the Landlord can issue a Licence for the works.
Bill Pryke BA(Hons) DipSurv, Director, EK Licence to Alter
