• Rights To Add Another Floor To Block Of Flats?

    By Guest on 02nd Mar 2017

    Near where I live there is a blokc of flats (fairly new) where the freeholder added another floor after a few years, despite leaseholder objections. In other words those in the original top floor flats became sub top floor. My question is would that permission to add a floor have been in the original lease, or is this soemthing any freeholder can do?

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    By Guest on 02/03/2017

    It would be unusual to have a covenant in a lease preventing the freeholder from further developing the site - he owns not only the land but the airspace above it so he can do as he wishes subject to compliance with planning laws. The only restriction the existing leases would impose would be that there is a covenant (which is implied even if not expressly set out) in every lease to allow the tenant "quiet enjoyment". In other words the landlord cannot behave in a way that interferes with the tenant's normal use and enjoyment of his flat, so if the building work caused a serious disturbance then the tenant might have been able to prevent it happening but now it's done the tenants can't reverse it.

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