Estates and Management: Frequently Asked Questions

Why must freeholder's consent be asked for and not assumed?

The lease for your property will state whether or not the Freeholder's consent is required. If consent is not obtained when needed, you may be deemed as being in breach of your lease covenants and this may cause problems when you come to sell your property.

What is the difference between advance and retrospective consent?

Consent can be obtained in advance or retrospectively. Advance consent is granted prior to the alteration or action being carried out at the demised premises. Retrospective consent is consent that is granted after the works have been carried out.

What is the process of obtaining consent?

Tenants should write in or phone us if they believe that the Freeholder's consent may be required for an alteration or for any other matter.
Our consent team will advise on what additional information should be provided e.g. building plans, diagrams or sketches detailing the work to be undertaken on the property in the case of an alteration, or leases in the cases of sub-tenancies.
We will review the documentation and check the tenant's lease to see if consent is required.
Once we have checked the lease we will contact you via your preferred method of communication (telephone in most cases)
We have standard fees for granting consent; on receipt of the payment we will send you a certificate, which you should keep with the deeds for your property.

When is consent required?

If your property has been purchased as a Leasehold interest, you may need the Freeholder's consent should you wish to make any alterations or additions to your property. Examples of such additions or alterations include the building of a conservatory, erection of a partition, removal of a wall, installation of new windows, erection of a satellite dish, etc..
Another common request for consent is for the purposes of keeping a pet on the property. In such cases, the lease sometimes states that you cannot have any pets on the property without the Freeholder's consent.
You may also need consent should you wish to sub let your property.

What do I do if a previous owner has made alterations to my property?

If an alteration has been made to the property and you are uncertain as to whether the Freeholder's consent has been sought, it is advisable to inform the current Freeholder. They will then search their records and identify what alterations, if any, have their consent. Please note, that when purchasing a leasehold property, it is important that you check that all alterations have been given consent, otherwise, you, as the new property owner will be held liable for consent.