Can Freeholder Amend Lease?

[ECCOnoob]

On 03/09/2023 at 15:54, poppet2 said:

Are you the new moderator, or even a solicitor?

No, thought not.

I am. So maybe pull your head out of your backside and take note of the sensible comment given by the other poster.

 

In principle, removal of carpet is a trivial  decorative feature which has no impact on the structural elements of the building, nor exterior and therefore a freeholder usually wouldn't have rights dictate on the floor surface any more than they would type of wallpaper.  However, as sensibly pointed out, it is not so simple and it may vary wildly depending on these nature of the building, any specific clauses in the freehold wording, type of material being used and that's before we get onto the further complications of whether the tenant below has a genuine ground for a noise nuisance complaint which then has its own completely separate rules and boundaries.

 

THAT is why you will need a suitable lawyer and pay for their specialist advice to go through this stuff and give you the complete picture with full context - There is no simple yes or no people can give you, even less without any idea as to what circumstances they are looking at.

Edited September 6, 2023 by ECCOnoob

[Jeffrey Shaw]

On 06/09/2023 at 14:47, ECCOnoob said:

In principle, removal of carpet is a trivial  decorative feature which has no impact on the structural elements of the building, nor exterior and therefore a freeholder usually wouldn't have rights dictate on the floor surface any more than they would type of wallpaper.  However, as sensibly pointed out, it is not so simple and it may vary wildly depending on these nature of the building, any specific clauses in the freehold wording, type of material being used and that's before we get onto the further complications of whether the tenant below has a genuine ground for a noise nuisance complaint which then has its own completely separate rules and boundaries.

 

THAT is why you will need a suitable lawyer and pay for their specialist advice to go through this stuff and give you the complete picture with full context - There is no simple yes or no people can give you, even less without any idea as to what circumstances they are looking at.

True. Also, a landlord (freehold reversioner) cannot unilaterally alter a lease unless, most unusually, the lease contains an express provision authorising this. Moreover, where a block contains >1 flats, each flat's lease should contain consistent covenants or else they might not be CML-compliant.

Edited September 10, 2023 by Jeffrey Shaw