D
daknin21
New Member
Hi all,
My wife and I are freeholders of a 2-floor maisonette in London. We live on the ground floor and the neighbours on the first floor are leaseholders.
The leaseholders have notified us that they want to make a loft conversion but need our permission first.
Their lease states that they cannot "make any structural alterations in the upper maisonette without the approval in writing of the landlord to the plans and specification thereof such approval not to be unreasonably withheld."
1) What does "unreasonable" mean in this context? What sort of reasons can be invoked by us (the freeholders) to not give approval?
Their lease also states that "the landlord demises unto the tenant (...) the roof of the property and the rafters and beams supporting the same and the gutters and drain pipes thereof together with the chimney stacks of the property."
2) It isn't clear to me in the above whether the leaseholders own the loft space under the roof (although they own the roof) and also whether they own the air space above the roof (in case they need to go through the roof to make the alterations). Please can anyone clarify that to me?
3) My wife and I are tenants in common with my wife owning 67% of the shares and me 33%. Does this mean that my wife has the last word on the decision making, or is my permission sufficient for the leaseholders to go on with the alterations?
Thank you very much,
David
My wife and I are freeholders of a 2-floor maisonette in London. We live on the ground floor and the neighbours on the first floor are leaseholders.
The leaseholders have notified us that they want to make a loft conversion but need our permission first.
Their lease states that they cannot "make any structural alterations in the upper maisonette without the approval in writing of the landlord to the plans and specification thereof such approval not to be unreasonably withheld."
1) What does "unreasonable" mean in this context? What sort of reasons can be invoked by us (the freeholders) to not give approval?
Their lease also states that "the landlord demises unto the tenant (...) the roof of the property and the rafters and beams supporting the same and the gutters and drain pipes thereof together with the chimney stacks of the property."
2) It isn't clear to me in the above whether the leaseholders own the loft space under the roof (although they own the roof) and also whether they own the air space above the roof (in case they need to go through the roof to make the alterations). Please can anyone clarify that to me?
3) My wife and I are tenants in common with my wife owning 67% of the shares and me 33%. Does this mean that my wife has the last word on the decision making, or is my permission sufficient for the leaseholders to go on with the alterations?
Thank you very much,
David