Q
We extended our flat into the loft of our maisonette after getting planning permission.
Now the leaseholder of the property downstairs, who owns the freehold but rents out her flat, is demanding £30,000, or the works must be undone and the roof made good.
What can we do?
A
It is essential for leaseholders to understand that they only own a long-term tenancy agreement. They don’t own the land; they don’t own the building. And they will fall foul of the law if they start doing works to a building that does not belong to them.
You have extended into a loft that does not belong to you. This landlord will almost certainly win her case against you, although the amount of payola demanded may come down. You will need a solicitor on this, as you lease will need to be varied to account for the additional space.
To understand how serious this is, here is the case of an upstairs maisonette owner who lost his flat through forfeiture for building a new bathroom without consent from the freeholder downstairs: https://staging.leaseholdknowledge.com/neighbour-forfeits-leaseholders-600000-london-maisonette-for-putting-in-a-new-bathroom
Developer and property manager will not hand over the residents’ management company. What can we do?
We are in a block of 230 flats and the lease has a residents’ management company, of which all leaseholders are members.
