Lease Matters

– A typical residential lease contains restrictions on what a leaseholder can do with their property, including making changes or alterations. The restrictions are not only for the benefit of estate residents and for estate conformity, but also to make sure that any alterations do not adversely

affect the structure of the flat, insurability of the building or its neighbours.

Normally, Management Company and/or the Landlord** needs to give prior written approval, or consent, for alterations to the property. Flats may need this for any alterations and houses may need this for exterior alterations (including extensions) and alterations to the internal structure. Whether consent is required depends on the alterations you wish to make and the terms of your

lease, so each application is looked at individually.

**If your Lease states that you must obtain consent from the Landlord (Lessor), you need to contact the Landlord to obtain their requirements for applying for consent.

A licence to alter is written consent from the landlord for you to carry out alterations to your flat. It can be either a letter (a Letter Licence) or a formal Licence Deed (see FAQ). Both are legal documents that record what is being agreed and any conditions attached to the consent. Any drawings, plans and supporting documents that have been reviewed will be attached to the document.

It is important to get a Licence to Alter if your lease requires it because:

Our application form for alterations is easy and convenient to use. We charge a non-refundable, initial assessment fee of £195 for flats to review your request for alterations form. This fee must be paid in full during the application process.

Once we have reviewed your request for alterations form, we will contact you to confirm whether:

Letter Licence – This is usually for minor alterations and includes all the conditions you must meet. A Letter Licence is produced by MRM on behalf of the Management Company and you need to sign and return it to MRM before you can begin any alterations.

Typically these alterations would include:

Licence Deed – This is required for more complex works, for major works or where a variation might be required to the terms of the lease or if other parties are involved, such as a superior landlord (see FAQ Will I need to get consent from anybody else?). A Licence Deed is drafted by the Management Company’s solicitors and it will need to be executed as a legal deed by you and the other parties.

Typically these alterations would include:

• Changing the internal layout of the flat where structural walls are moved/removed

• Extending into the loft space (if demised to the flat)

• Creating new window or door openings or converting an external window to a door

The Management Company will also instruct a surveyor to review your proposal and to prepare a report that confirms the intended works will not create a risk to the building and not create a risk to the other leaseholders.

We will let you know if the surveyor needs to visit your property to discuss the proposed alterations with you and/or your representatives. They surveyor’s recommendations will be in incorporated in the Licence Deed

MRM do not act as surveyors and are not qualified to advise Management Companies on plans and drawings for proposed works. It is essential that these are professionally reviewed to ensure the safety of the building and those who live in it.

Each request for alterations is treated on a case-by-case basis and MRM and the Management Company will decide which licence is most appropriate for your application.

For residential leaseholds, this depends on the terms of your lease and the Management Company/landlord’s interest in the property and if both parties need to give consent.

Note: If consent from a landlord is required, you will also need to comply with their requirements for obtaining consent and you will be responsible for their associated costs, which could include legal and survey fees.

Depending on the type of alteration you wish to carry out, you may also need to get building control approval and/or planning permission and, in some cases, listed building consent. Neither MRM nor the Management Company are qualified to advise you on this, and you will need to seek specific advice either from the local authority or your architect/builder/surveyor.

The cost depends on a number of factors, including:

If it is a straightforward process, not involving any additional fees as outlined above, our current standard fee is £195

Please email info@manchester-residential.co.uk for an application form