build a partition wall inside leasehold flat

[helen]

Dear Sir

can i build a partition wall inside a leasehold flat? basicly it will devide the kitchen and living area as i don't like the cooking smell.

thanks

[Richard Webster]

Don't know as I haven't seen your lease. It will tell you if you need the freeholder's consent to internal alterations. Read it.

[helen]

if the lease said need a consent, but i did not ask.--I am affraid they might refuse.

my intention is when i come to sell (after 10 or 20 years) i will take the partition down and make it as before.

what is the risk if i build it? the Freeholder is a large company based in London, only someone (like security and cleaner) from the service company are in the building (a large development), will they report?

[Richard Webster]

It isn't that likely that they will want to make an internal inspection unless you contact them about something else that causes them to want to have a look, e.g. water leaking from flat above.

However if you don't get the consent (assuming one is required) then you take the risk that they clobber you with expensive fees for a retrospective consent.

[helen]

Thanks Richard.
If i asked for the consent, can they refuse?

and if I did not ask the consent and they in few years found that i have build a wall --how much is likely to be the fees for retrospective consent? is arround 2000 enough?

[Richard Webster]

The fee charged may depend on their perception of how desperate you are.

One rip off company wanted £5,000 to consent to a garage and an extension to a long leasehold house and were prepared as an alternative to sell the freehold for £1,200 (well over its true value in that case). I was acting for the buyer so we told the seller that we weren't buying the house long leasehold if those people were the landlords! He had to buy in the freehold and sell to us for the same price as our clients were going to buy the long leasehold. Not quite the same with a flat, but it illustrates the mindset of some property companies.

Generally £2k would probably cover it, but some freeholders can be quite nasty. Also even if they don't actually take any enforcement action, the fact that you have asked for a consent and you haven't had one (because you wouldn't pay) will have to be revealed to a buyer.