Block Management for Landlords
Have leaseholders undertaken works on their properties without your consent?
Sometimes leaseholders may want to make alterations to their leasehold properties, whether that is an entire conversion involving moving of structural walls and creating a new floor plan; a new bathroom; erecting a partition wall; replacing windows; or, even painting and decorating a property for example.
However, what most leaseholders don’t realise is that any work they may want to undertake to their property may actually require their landlord’s consent.
Whether consent is required or not will depend on the terms of their lease. If consent is required, they should have approached you for your consent. Such consent is usually given by way of a Licence of Alterations which will set out what the tenant is allowed to do and what happens if any damage occurs. It will also help each party to understand what times works can be carried out to the property and whether any surveys need to be taken before, during or after the works.
If a leaseholder fails to obtain your consent where it is required, they could be in beach of the terms of their lease. You may then have an opportunity to take action against the leaseholder in respect of those works. Such action may involve an application for specific performance requiring the leaseholder to put the property back into its original state at their own expense; or, even an application to forfeit the lease.
Alternatively, if the works have already been undertaken and consent was required, you may still agree to those works and grant retrospective consent. However, you are not compelled to grant this.
If your leaseholders are planning to carry out works to their property and have asked for your consent or, if your leaseholders have already carried out works to their property and you are unsure whether your consent should have been obtained first, please contact us and we will happily discuss your options with you.