A request for freeholder consent can feel like an unnecessary obstacle when you own your flat. You may be ready to let it, improve it or extend the lease, only to find that the lease puts another party in the decision-making chain. The key is to establish what your lease actually requires before you spend money, sign a contract or begin work.
Consent is not a single, standard permission. The process, cost and level of control available to a freeholder depend on the wording of the lease and the action you want to take. In some cases consent can be withheld. In others, the freeholder must act reasonably. And for a statutory lease extension, the freeholder does not have a simple right to say no if you qualify.
What does freeholder consent mean?
Freeholder consent is formal written permission from the landlord named in your lease. Depending on the building’s structure, that may be an individual, a resident-owned company, a professional freeholder or an investor landlord. A managing agent may handle the administration, but it is important to check whether they have authority to grant consent on the freeholder’s behalf.
Your lease is the starting point. It sets out the promises made by both sides, often known as covenants. Some leases prohibit an activity completely. Others allow it only with the landlord’s written consent, while a few simply require you to give notice after the event.
The wording matters. A clause stating that alterations are prohibited is very different from one saying alterations are permitted with consent, not to be unreasonably withheld or delayed. Do not rely on what a neighbour has done, an estate agent’s description or an informal conversation with the managing agent. None of these changes the terms of your lease.
When is freeholder consent usually needed?
The most common requests concern alterations, subletting and changes to the way a flat is used. Structural work, removing walls, moving kitchens or bathrooms, changing windows, installing hard flooring and work affecting shared services are particularly likely to require permission. Planning permission and building regulations approval, where needed, are separate matters. Having one does not remove the need for the other.
Subletting is another frequent pressure point. Your lease may allow an assured shorthold tenancy subject to consent or notice, but restrict short-term lets, holiday lets or use by multiple occupiers. Lenders and insurers can also impose conditions, so a consent request should not be viewed in isolation.
Some leases require consent to keep a pet, install satellite equipment, run a business from home or assign the lease on sale. The practical significance varies. A home office with no visitors is not the same as operating a client-facing business from a residential flat, but the lease wording still governs the position.
You may also need a licence to alter rather than a simple consent letter. This is a formal legal document recording approved works, conditions and responsibility for future maintenance. It can be required by a buyer’s solicitor years later, so it should be stored safely with the lease and property documents.
Consent for lease extensions is different
A lease extension follows a different route. If you meet the qualification requirements for a statutory lease extension, you can serve the formal notice that starts the legal process. The freeholder cannot refuse simply because they would prefer not to extend the lease. They can challenge eligibility, negotiate the premium and terms, or serve a counter-notice, but the statutory framework provides a route forward.
A negotiated, or informal, lease extension is different. Here, the freeholder’s agreement is essential because both parties are agreeing terms voluntarily. This can sometimes be quicker, but the proposed lease must be examined carefully. A lower premium may be offset by an unfavourable ground rent clause, a shorter extension or terms that create issues on a future sale or remortgage.
The Leasehold and Freehold Reform Act 2024 is intended to change aspects of leasehold ownership and extension rights, but implementation is phased and the detail that applies at a particular time matters. It is sensible to take advice based on the current legal position, not headlines or assumptions about future rules.
Can a freeholder refuse consent?
It depends on the lease clause and the nature of the request. Where consent is required but the lease says it must not be unreasonably withheld, a freeholder cannot reject a properly supported request without good reason. They may, however, impose reasonable conditions. For example, they may ask for professional plans, evidence of insurance, method statements, contractor details, compliance with building regulations and a contribution towards their reasonable legal or surveyor’s costs.
A request involving structural change, fire safety, water pipes, shared electrics or the building’s appearance will usually need closer scrutiny than a cosmetic upgrade. That is not automatically obstruction. The freeholder has a legitimate interest in protecting the building, other residents and the value of the reversionary asset.
Equally, a vague refusal should not be accepted without question. If the lease says consent cannot be unreasonably withheld, ask for the reasons in writing and establish what information or amendment might resolve the issue. Early, clear communication is usually cheaper than trying to correct unauthorised work later.
What can the freeholder charge?
Many leases allow the landlord to recover reasonable costs incurred in considering a consent request. This may include legal fees for a licence to alter, surveyor fees where technical assessment is needed, and administrative charges. The amount should relate to the work required. A straightforward notice of subletting should not attract the same level of cost as a detailed structural alteration proposal.
Ask for an estimate before proceeding, particularly where a formal licence is likely. You should also ask what documents are needed and whether the freeholder expects a deed, drawings, specifications or contractor insurance. A clear scope prevents a request from stalling because each party believes the other is responsible for the next step.
For lease extensions, professional valuation and legal costs are part of the financial picture alongside the premium. The statutory route has established cost rules, while negotiated extensions can be more flexible but less predictable. Comparing the total deal, not just the headline premium, is essential.
A practical way to request consent
Start by obtaining a complete copy of the lease, including any variations. Identify the exact clause that applies and whether it calls for consent, notice or a formal licence. If the wording is unclear, get it interpreted before you commit to works or a tenancy.
Your request should be specific. Explain what you want to do, when it will happen and how risks to the building will be managed. For alterations, include plans, specifications and the contractor’s details where appropriate. For letting, provide the proposed tenancy type and any information the lease expressly requires.
Keep the request and response in writing. If approval is granted, check the conditions carefully and make sure the final document is signed by the correct party. Do not treat a verbal assurance as authority to proceed.
For freeholders and professional asset managers, a consistent consent process protects the building while reducing avoidable administration. Clear requirements, stated fees and defined response stages make it easier for leaseholders to submit complete applications and easier for the landlord to make defensible decisions.
Avoid the expensive mistakes
Unauthorised alterations or subletting can create problems at sale, remortgage or insurance renewal. A buyer’s solicitor may ask for evidence that consent was obtained. Retrospective consent is sometimes possible, but it can involve additional cost, delay and no guarantee that the original work will be accepted without changes.
The same principle applies to lease extensions. Waiting until a lease becomes shorter can increase the premium and reduce buyer and lender confidence. Once a lease falls below 80 years, the financial impact can become significantly more severe because marriage value may be payable under the current statutory framework.
If you are unsure whether your plans need permission, pause before acting. A quick review of the lease and a properly prepared request can protect your flat, your timetable and your negotiating position. For lease extensions, a managed process such as Lease Plus 90 can bring the valuation, legal and landlord engagement stages into a clearer, more controlled route.
The right next step is rarely to chase consent blindly or assume it will be refused. Establish the lease terms, put forward a complete case and keep a written record. That gives leaseholders confidence to move forward and gives freeholders the information needed to make a fair, efficient decision.
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