Re: My Previous Question About Whether I Could Do Work On My Leasehold Property

[JBW1366]

Re my previous question, this is the only bit on my lease that refers to walls etc, can someone decipher it for me. As I didn’t ask the landlord (the local council) for permission but did I need it? My lease says:

The fourth schedule above refers to the rights and easements granted to the tenant.

ALL THAT flat including the surface of the floors above the joists and the surface of the balcony (if any) and the ceiling of the Flat up to but excluding the joists and beams to which the ceiling is attached and all walls save the exterior walls and the walls dividing it from any other Flat in the Property (but including the surface of such walls within the Premesis and the glass of the windows of the Flat and the doors and the doors frames) as the same is situate on the First Floor of the Property and know as (My address) together with all conducting media which are laid any part of the Property and serve exclusively the Flat ALL which Premises TOGETHER WITH such outbuildings (if any) are showing for the purpose of identification only coloured pink on the Plan attached hereto TOGETHER WITH such garden ground (if any) as is shown .

So does any of this mean I cannot dismantle and erect a stud wall

Thanks in advance

[Baldric]

https://www.theanswerbank.co.uk/Home-and-Garden/Property/Question1606125.html

[bhg481]

To my mind that is simply defining what comprises your flat ie, from the surface of the floors up to and including the ceiling but not the joists above it. It also includes all the interior walls but only the surface of all the walls separating you from neighbours or the outside of the building. That implies, to me, that you can change the inside to your heart's content, subject to the work needing Building Regs permission.

[Buenchico]

The Leaseholder's Handbook for your property states that "you need to seek authority from the council as housing landlord of your property" for "any change to the internal layout of your property":
http://www.crawley.gov.uk/pw/web/int121905
(See page 34).

So I remain confident that you need to apply (retrospectively) for permission to install a stud wall (and associated doors).

Even if I was wrong it wouldn't help you because the solicitor acting for the potential buyer would need to see proof that no such permission was needed. (i.e. a letter from Crawley Borough Council stating as much). So you still need to apply for permission and see what CBC's response is.

[JBW1366]

Thanks again everyone, thanks Buenchico.. I’ve downloaded everything, wrote letters, filled in forms and I will be heading to the council leasehold services and building regulations departments this morning, fingers crossed. Thanks again