Nope; I mean that in the past I have sought advice on whether in the absence of a response or positive consent on the net point of whether a person could safely proceed to breach a contract term (actually in each case a lease albeit some of equipment and some of real property) the advice has, unequivocally despite much pushing, been that there is no concept of presumed consent or safe harbour to proceed in the absence of a repsonse or consent or reason to withhold consent in a reasonable period.
Looking over your posting style, it seems that you wish to foment discontent (uninformed people might call it soft trolling) rather than participate in a reasoned discussion. On that basis, I don't propose to respond furhter. I have tried to be helpful, your responses to my attempts have been to seek to inflame the situation.
That's nonsense, Marcus. I take umbrage at your suggestion that I wish to "foment discontent". Discontent amongst whom?
The fact that you sought advice from a number of firms and two silks seems to suggest that there was some ambiguity on the matter. I therefore again doubt the veracity of your statement "unequivocal", otherwise you would've been satisfied with your first counsel's opinion.
My post was intended to be of assistance to the OP and, on rereading it, I maintain that it was sage advice. Indeed, your "final" response seems to acknowledge as much.
I wish you the very best. BTW those city firms aren't always the best!
Just do it. Southwark have no reasonable grounds to stop you refitting your kitchen or bathroom. Council tenants do this without hinder. Ultimately, the only thing that matters is that, when the lease expires, the property is in a state the freeholder considers to be equal to or better than it was when the lease was started. If you want to move the walls about that would be a different matter as that might affect all sorts of things. Not least of which would be the structural and fire integrity of the whole building.
The landlord cannot unreasonably withhold consent to alterations. That's true whether or not it says so in the lease - it's a statutory provision (LTA 1927 s19(2)). You might want to remind Southwark of that when you next contact them.
Also, double check that the lease (and the lease itself, not any guidance) does not also say that the landlord must not unreasonably DELAY consent. If it does, get on the blower and tell them that that's what they are doing and suggest they respond forthwith or you will take legal advice and seek your costs.
Generally, leases prohibit (quite legitimately) all alterations without permission, which would include any work to anything attached to the building including floors, fitted kitchens etc. The only thing it does not prevent is the addition or removal of chattels - removable items that are not affixed, like your sofa - to/from the premises.
Hope that helps. Good luck!
We went ahead and did it, after finding out from the council that they're currently processing requests from APRIL, still. Maybe by now they're onto May.
Both the kitchen and bathroom look great now, we're really happy about it. At some point in the future we're going to need to deal with the Council when they eventually get round to processing our application, but we're confident that there's nothing they can reasonably object to. If they charge us a fee over and above the usual admin fee, I think we'll see that as a price worth paying to get the flat in a good state months earlier.
Internomer, did the council ever chase you up on these alterations? I am in the same situation at the moment and desperate to start renovations. The flat was is in a poor state and most fixtures need repair or replacement before its comfortable to live in. When the council eventually inspected your alterations how much were you billed for, if at all?