Leaseholder taking legal action against my landlord

[Dunnos]

Ive name changed for this one and its a bit complicated so apologies if it is a long message.

I moved in to a 2 bedroom flat almost a year ago. Since moving I have found out that the landlord converted the property from 1 bedroom to 2 bedrooms without permission from the leaseholder.

The leaseholder took me to one side a while ago and advised he is taking legal action to have the property reverted back to a one bedroom. He is saying that he needs to do this due to it setting a precedent for other people to make the same changes and the fire risks that this would then hold.

I spoke with my letting agent about this who described the building manager as being an idiot said he had no legal recourse to do this and that the bedroom issue was resolved and my landlord would be happy to offer me a letter of reassurance when exploring the renewal of my tenancy.

Today the building manager has knocked on my door and shared that he has spoken to his solicitor today and that the paperwork will be issued this week. That there is legal precedent in his favour and he wanted to make sure I was updated as he wants to try and limit the impact to me and my children. He also shared that he would keep me updated with any properties that come available.

Now I have been looking for properties but unsuccessfully. Rental prices have gone to a point where I wont be able to afford most of what is on the market.

My question is does anyone know what is most likely to happen. Will the building manager be successful in getting the changes to the property put back or is the letting agent right that there is no legal recourse for this to happen?

I’m afraid I don’t really know but if the leaseholder is correct the landlord would need to apply for planning permission I would have thought. It’s difficult to understand what exactly he’s done.

If I were you I would just try to use this as a renegotiation point. Ask for frozen rent and a tenant only break clause in the lease in case of any issues?

The tenant only break clause is an excellent idea thank you! That seems much better than the letter of reassurnace response I had from the letting agent

I suppose it depends on the terms of the lease, but generally leaseholders are responsible for, and can use the space within the external walls of their flat.
It’s not permitted to knock down structural walls for obvious reasons, but assuming the conversion has been done by some sort of stud work partitioning I can’t really see a problem.
If it does cause a fire hazard in some way then I assume that the freeholder, or management company on behalf of the freeholder, could try to take legal enforcement action. That could easily take months, if not years.
How did they even know that the flat had been altered internally?

Thank you for your reply.
Im not sure how they knew, im guessing it was from all of the building works taking place. He lives amonst the same blocks of flats so would have seen the builders I would imagine.
Basically the kitchen is now a bedroom and the front room is now an open plan kitchen front room area. I dont think any walls were altered, but obviosuly was not here before the changes took place so cannot say for certain.
Both parties are as sure as the other one that they are right. The letting agent sharing it is all resolved and the building manager quoting different pieces of different legislation and saying there is precendece.

I have also literally just had a message from the letting agent about a surveyor wanting to come to the home tomorrow morning between 8am and 3pm

Do you mean the freeholder?

What a mess. Who wants the survey? I don’t believe that you have to let the surveyor in - quiet enjoyment of your home and all that.

You seem to be using leaseholder and building manager interchangeably to refer to your building's owner - I think you actually mean the freeholder. Your landlord (your flat's owner) would be the leaseholder and he sounds like an absolute cowboy. A lease requiring permission for alterations will likely also require formal permission to sublet (ie to rent out the flat) and I bet he hasn't got that either.

I have some knowledge of this stuff and think the freeholder has a good legal case, but these things can take years to come to court. Look for a new place, but don't panic.

Jibo (sorry I still havent worked out how to link names)
You're right I do mean freeholder. I agree my thoughts are the landlord seems to be an absolute cowboy but knowing very little really about housing rights and laws Im not sure if Im just having a bit of a panic for no reason or if I should be worried.
It is good to know that these things take time as the freeholder seems to think the ball will roll very quickly once he's issued the paperwork this week.

The building is owned by a freeholder and then the leasholder buys effectively 125 years worth of rent to be allowed "effectively permanent" use of part of it (the flat). The leasehold agreement can be terminated if the leaseholder breaks the terms of the lease so if the lease contract says they may not do any alterations without permission then the leaseholder may find he no longer owns the flat. However none of this dispute needs to affect you. You have the right to quiet enjoyment of your home and only a court can order your eviction, regardless of who is right. You don't have to let the surveyor in, although you may choose to. Let them have their squabble but tell them to leave you out of it. Keep paying your rent and carry on with your life.

Thank you that is really reassuring to know. I shall put it out of my mind for now and await the court outcome with one eye out looking for other properties im the interim