• Sellers Property Info Form

    By Guest on 20th Jul 2014

    I have recently bought a leasehold flat and have discovered since that the freeholder is trying to get planning permission to build another property on land at the end of our garden. This would overlook our building and the occupants would have access through the shared garden. The seller did not respond to the question about planning applications on adjoining land on the property information form despite an application being active when they completed the form. Do I have any legal options in this scenario? I also have a clause in my lease which says I cannot object to any plans the freeholder has to develop adjoining land etc. is this legally binding?

  • 1 Answers

    By Guest on 20/09/2014


    The seller isn't liable to you for simply not answering the question, I'm afraid you should have pushed for an answer (did you discuss this point with your solicitor?). As for your landlord, he can do what he likes as long as he doesn't interfere with any rights (of way or services or to park for example) granted under the lease and as long as he doesn't breach the covenant not to "derogate from grant" which is implied in all leases. This covenant means that the landlord cannot having granted the lease proceed to behalf in a way that prevent you from or hinders you in using the property for its intended purpose. How this is interpreted will depend on the facts of each case.

    There is no reason you cannot object to the planning application your landlord has made (if you are still in time).

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