Hi all, I’m in the process of buying a leasehold flat in south London and my solicitor has flagged a clause in the lease that says the leaseholder must get written consent from the freeholder before carrying out any alteration to the property, including internal decoration. That seems mad to me (painting a wall needs permission?). Has anyone come across this and did it cause problems in practice? Thanks very much!
@oliverhart27x, my lease has an almost identical clause. The wording in mine is “no alteration, addition, or improvement whether structural or otherwise” without the prior written consent of the lessor. My solicitor at the time of purchase said this is extremely common in older leases, particularly converted properties, and in practice freeholders do not enforce it for straightforward redecoration.
The risk is not really during your ownership. It is when you come to sell. If a buyer’s solicitor asks for evidence of freeholder consent for any works and you cannot produce it, it can cause delays or require an indemnity policy. I had exactly this issue when the freeholder demanded a contribution for external works and started asking questions about internal changes I had made. Nothing came of it, but it was stressful.
I would ask your solicitor whether the freeholder has a track record of enforcing the clause. If the management company is responsive you could also just write and ask what their policy is on internal decoration.
@Clara_Obscura thanks for that, really helpful to know it’s not just my lease! Did your freeholder actually respond when you applied for consent, or did you just go ahead with the work and hope for the best? My solicitor seems to think it’s unenforceable in practice but I’d rather hear from someone who’s been through it.