Thinking of making improvements to a leasehold flat but not sure what are the rules around it?
In her latest article Partner & Head of Leasehold Property, Niki Adkins gives you an overview of everything you need to know.
This article is specific to long-leasehold flats i.e. a long lease that the flat-owner holds. It does not apply to assured shorthold tenancies or where you are renting a property.
Can you make home improvements on a leasehold?
Being able to make improvements to your home will depend on the wording of the ‘alterations’ clause in your lease.
Related article: Can I alter or improve my flat if I co-own the freehold?
What is an alterations clause in a lease?
Some leases permit specific types of alterations without the need to obtain the freeholder’s consent, before the alterations are undertaken. For example, basic alterations like decorating.
Some leases require the freeholder’s consent for all or most alterations. Some even ban alterations altogether. The issue therefore needs to be looked at on a case-by-case basis.
What counts as alterations to a property?
Alterations could be anything from altering the layout of the flat completely to installing a new kitchen; and everything in between.
What is considered ‘alterations’ for a specific flat will depend on your lease. As will whether those alterations require the freeholder’s consent before the alterations are undertaken.
Do I need planning permission to change my flat?
Whether you require planning permissions will depend on the property’s local authority. We recommend that you check with your local authority before carrying out any work.
Can I change the kitchen in my leasehold flat?
It would have to be a very strict lease to prevent small changes to an existing kitchen, for example, installing new cupboard doors. However, it is possible that freeholder consent would be needed for such simple changes.
Once again, it will depend on the wording of the ‘alterations’ clause in the lease.
If plumbing and/or electrical works or alterations are required, it is likely that freeholder consent would be needed. Again, it will depend entirely on the wording of the ‘alterations’ clause in the lease.
Can I move the kitchen in my flat?
Altering the layout of a flat to move the kitchen will likely require the freeholder’s consent, especially if structural walls are to be moved/removed. This will be confirmed in the alterations clause in the lease.
It is also possible that a Deed of Variation would be required to formally record the new layout of the flat at the Land Registry. This will help to avoid any issues when the flat is next sold or re-mortgaged.
If you require a Deed of Variation, one of our team would be more than happy to help. Get in touch on 01202 499255 or by filling in the form.
Related article: Deed of Variation for ground rent.
Can you change the flooring in a leasehold flat?
The type of flooring permitted/required in a flat will usually be dictated in the lease. Most leases specify the type of flooring to be laid to limit noise transmission to other flats in the building.
Ground floor flats are just as likely as flats on higher levels to have limitations on the flooring they can have. Don’t assume that a ground floor flat can have whatever flooring the owners/occupiers want.
Not having the appropriate flooring specified would be a breach of the lease. This can be costly, for you, if enforced by the freeholder; both in terms of the legal costs as well as the costs of removing the offending flooring and installing a replacement.
What if the lease doesn’t mention flooring?
When a lease doesn’t include the type of flooring that can be installed, there will usually be a clause preventing any nuisance to other flats.
This would include noise-nuisance and would present issues if the type of flooring installed resulted in particularly high levels of noise being transmitted to other flats.
Read my colleague Rupert Knells article on Private Nuisance here.
Can a freeholder refuse alterations?
Whilst it is possible for a freeholder to refuse alterations, it depends on the wording of the lease. If the lease doesn’t permit any alterations at all, the freeholder could refuse consent.
Where the lease permits certain types of alterations with the freeholder’s consent, but also contains wording to the effect that the freeholder’s consent ‘cannot be unreasonably withheld’, it has been established that the freeholder cannot withhold consent where the proposed alterations are ‘improvements’ to the flat.
No doubt each party would have their own opinion as to what alterations are ‘improvements’ but it would probably be difficult for a freeholder to argue that a new kitchen replacing an old, run-down kitchen is not an improvement for these purposes.
Freeholders may not necessarily refuse consent just to be difficult, they have to be mindful of the other flat owners/occupiers in the building when considering whether to grant consent or not.
If you are in a dispute over your lease as a freeholder or leaseholder, feel free to get in touch by filling in the form or on 01202 499255, to discuss your options.
Read my article on what you can do if your landlord refuses a Deed of Variation here.
Specialist Leasehold Solicitors
If you have any questions about making alterations to you leasehold flat or about your lease in general, please get in touch.
Contact us on 01202 499255 or by filling in the form. We offer all new clients a free initial chat to discuss your needs and give you the opportunity to speak with the solicitor you will be working with.
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