![]() ![]() In order to avoid any such court proceedings and the associated costs, you should obtain landlord's consent before you carry out the work. In this case, this would mean reversing the works. This step is however rarely taken, unless the breach is significant, and you do have the ability to apply for relief from forfeiture, which courts are usually inclined to give where you have made good the breach. This means that they may apply to the court to take possession of your apartment. In these circumstances, one of the remedies available to the landlord is the ability to forfeit your lease. When considering whether an alteration is an improvement, it is looked at from the tenant's perspective and works that enhance a tenant's use and enjoyment of the property will generally be considered an improvement. Most alterations will be deemed improvements. The Landlord and Tenant Act 1927 provides that where landlord's consent is required to alterations, this may not be unreasonably withheld where the works are improvements. There may also be a distinction between structural and non-structural alterations, for example structural alterations may be prohibited entirely and non-structural may require landlord's consent. There could be an absolute prohibition on alterations or alterations may be permitted with the landlord's consent. Lucy Barber, a partner and head of residential property at law firm Forsters, said: Most leases of residential apartments will have some sort of restriction on the type of alterations you can carry out. However, he didn't have his flat seized just because he redecorated - it happened after he failed to pay up or go to court on a dispute. If you think this is far fetched, it is worth examining the case of a leaseholder who was left with nothing after his £600,00 flat was seized in a 'redecorating' dispute.ĭue to a forfeiture law, that allows a freeholder to take ownership of a property if there is a breach in the lease, the leaseholder was removed from his home. ![]() However, there's an added layer of complication for leaseholders as you may need to seek permission from your landlord or risk them seizing your property altogether. ![]()
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