Leasehold property tips: can I object to a planning application from the freeholder of my building?

Question: I recently purchased and moved into a leasehold top-floor flat in London, which unusually includes the loft in the lease as part of my flat. Yesterday I received a call from the freeholder, wanting to set up a meeting as he wants to negotiate with me to buy back the loft space so that he can build another set of flats above mine. Can I refuse to sell to the freeholder — and can I object to a planning application by him?

Answer: You own the loft space, so on the face of it there is little the freeholder can do without your agreement and you could certainly refuse to sell the space to him.

However, your lease is likely to say that any alterations require the prior written consent of the freeholder, so if in the future you wanted to use the loft space — perhaps for a loft conversion — such consent may not be forthcoming.

The freeholder could of course offer to buy you out and vary the terms of your lease. Read your lease carefully. There may be covenants preventing you objecting to any planning applications made by the freeholder in relation to the building or to the freeholder’s adjoining land.

Furthermore, the freeholder may have the right to build, rebuild or alter the building even if it affects your rights of light and air.

Before agreeing to any meeting with the freeholder, you should request written details of his proposal.

Prepare well for the meeting, as no doubt he will do so. If you are interested in selling to him, seek advice from a surveyor on the value of your asset — and any effect on the value of your flat if you sell the loft space — and also from a lawyer on the legal implications.

If you have a mortgage you may need the consent of your mortgage provider.

These answers can only be a very brief commentary on the issues raised and should not be relied on as legal advice. No liability is accepted for such reliance. If you have similar issues, you should obtain advice from a solicitor.

If you have a question for Fiona McNulty, please email legalsolutions@standard.co.uk or write to Legal Solutions, Homes & Property, London Evening Standard, 2 Derry Street, W8 5EE. We regret that questions cannot be answered individually, but we will try to feature them here.