Leasehold flat - internal alteration without consent

[MyAngels]

Hi

We are looking to buy a 2 bed flat (to let out) which we noticed on the first viewing had a strange layout where there was no "family" bathroom and both bedrooms had an ensuite each - the bedroom door looked like it had been moved to enclose the access to the bathroom inside the bedroom, but we weren't sure if it had been built like that.

We discussed with the estate agent that we'd like to move the door back to make a bathroom that was accessible to all, even if both bedroom doors were closed.

We asked our solicitor to find out what consents were needed as part of the lease to make internal alterations, and he has been struggling to get an answer from the management company or the vendor's solicitor.

We got the solicitor's report this week and find out that the vendor admits that the bedroom door was moved, and that she didn't get consent from the management company for this alteration (she also stated on the Leasehold Information Form that there had never been any alterations - very misleading!).

We are now reluctant to proceed as we feel we are open to bearing the risk, when we ask for consent to move the door back, of the management company then finding out the original alteration was made without consent and making us essentially in breach of the lease, being fined or at least having more charges to pay for retrospective consent, and then needing consent to move the door back to its original position.

Has anyone any experience of making internal changes inside a leasehold flat, and the implications of lack of consent?

We don't want to make a mountain out of a molehill, but feel the vendor didn't follow due process and we don't want to take the consequences for their error.

Many thanks if you bothered to get this far - this purchase malarky is so frustrating sometimes, isn't it?

I would imagine that if you wrote to the management company with this dilemma, as clearly as you have here, that they would be pleased that you take their rules to heart and feel strongly to obey these rules . I can't see why they would want to discourage someone like you, who obeys the rules, over someone that has a blatant disregard for them ?
I hope all goes well for you ! you sound like a very sensible and honourable person - I hope they too see these qualities ! good luck :-)

2 options spring to mind:

ask the mgmt company to give retrospective consent;
ask the vendor to take out an indemnity insurance policy.

We did the latter. The previous owners had installed an air conditioner when the planning permission says no external pipes or vents (it's a conservation area). So to cover the possible expense of having to remove the air conditioner, they took out insurance to cover the possibility.

We had this. Previous owners had changed layout, which our solicitor didn't pick up when we bought it.

Our buyers' solicitors did - though they were appalling in other ways - so we got an indemnity insurance policy for one issue (flooding not allowed under terms of lease) and I think allowed a retention until changes to the lease were registered on the physical alterations (one bathroom became two). Didn't seem to be a massive deal.

As a managing agent, my main concern would be for the structure of the building; the rules are there to stop people making holes in structural walls and weakening the building for everyone! I'd suggest that you ask the current lessees to get retrospective consent. I wouldn't advise doing it yourself, if for no other reason that the freeholder has a right to charge for these consents and it can be a LOT - plus you would need to get a structural engineer in to confirm that the wall wasn't load bearing, etc.

Many thanks for your replies.

The vendors have proposed an insurance policy, our solicitor tells us one is not appropriate (and would be void if we ever approached the management company to change the door back, leaving us stuck with the current layout), so he has written to their solicitor telling them to get retrospective consent or move the door back.

I can hear the distant sound of the vendor preparing to pull out....

@myangels - am in a similar situation now. What was the outcome of this if you don't mins me asking? :-)