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Flat purchase

(10 Posts)
Blueberrycheesecake1 Wed 03-Aug-16 18:32:36

Help! My sister is buying a flat at the moment, not exchanged yet. The lease floorplan shows a 1 bed flat but a second bedroom has been carved out. The sellers refuse to get retrospective landlords consent and have said they will take out indemnity insurance instead. Solicitor says this is not a 100% guarantee that my sister won't have to pay anything... What would you do? (And haven't even touched upon building control and planning!)

Ambivalence Wed 03-Aug-16 18:49:31

It's unlikely to be an issue for planning with it being internal. If that's the seller's attitude they will likely take building regs and planning indemnity insurance too.
Who does your sisters solicitor see her having pay?

I think her issue is more quality of the work if it's been done without the required consent. ..

Ambivalence Wed 03-Aug-16 18:51:39

Is it just a stud partition wall or more extensive works? Eg new ceiling lights/ plug sockets..

Is the landlord likely to object?

Blueberrycheesecake1 Wed 03-Aug-16 18:53:55

Thanks for your answer ambivalence! We have no idea if the landlord would object but they are a private company so the solicitor has advised they can charge anything they want to give the permission.

Blueberrycheesecake1 Wed 03-Aug-16 18:54:56

Yes it's a partition wall. It's part of a development so would planning be needed as it changes the ratio of 1 beds to 2 beds etc?

Blueberrycheesecake1 Wed 03-Aug-16 18:56:59

And if they refuse then it effectively becomes a 1 bed flat doesn't it... (Sorry for all the posts, am very disappointed for my sister and want to help!)

Ambivalence Wed 03-Aug-16 19:51:31

Ah idea how old the development us and when the partition was put in?

Blueberrycheesecake1 Wed 03-Aug-16 19:54:20

The development is about 25 years old and the partition was put in before the seller bought it in 1999

Ambivalence Wed 03-Aug-16 21:01:16

Your solicitor us right that the landlord company can charge anything they like for the consent to alter, but they may be under a duty to act reasonably. Your solicitor needs to be checking the terms of the lease.
It's possible that landlord can require partition to be removed. Again check lease.

Internal stud walls don't need planning or building regs consent so I wouldn't be concerned about that.

Would the indemnity insurance cover cost of getting landlords consent? Your solicitor needs to send you the draft policy ti check. These indemnity policies become invalid if you alert the landlord so you need to not do that.
how much does she want this flat? I think the main issue is she can only market it as a one bed in the future and that will affect resale. Is she reducing her offer to the price of a one bed?

I'd ask your solicitor but if it's only a stud partition then it's not so worrying. .and might not have even occured to seller it would need permission and the insurance might cover you...

Blueberrycheesecake1 Wed 03-Aug-16 21:41:46

Thank you very much for your advice and comments. Gives a lot of food for thought..! Very much appreciate the time you have given to reply.

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