Leasehold Property law. Personally delivered.
Leasehold Property law. Personally delivered.
Undocumented works are the commonest defect we find on leasehold sales. How to regularise them — and the approach that destroys your best option.
Reviewed 25 July 2026
It is usually a predecessor's doing, it surfaces at the worst possible moment, and the first instinct is the wrong one.
The buyer's solicitor reads the replies to enquiries and asks for the licence for the wall that was removed, the bathroom that moved, or the hard flooring that replaced carpet. There is no licence, and frequently nobody now living in the building remembers the work being done.
Carrying out works in breach of the lease is a breach of covenant. In principle a landlord could seek damages, an injunction or forfeiture — although a long residential lease cannot be forfeited for breach unless the leaseholder admits it or a court or tribunal has determined that it occurred. That is a real protection and it is not a reason for complacency.
The practical problem is commercial rather than legal. Without evidence of consent a buyer's lender may decline, the price may be reduced, or the transaction stalls while consent is sought retrospectively from a landlord who now has every incentive to take their time.
A retrospective licence is generally obtainable, but on the landlord's terms and at the landlord's price. Where the works effectively enlarged the demise — into a loft or roof space, for instance — a surrender and regrant is needed instead, and that will involve a premium. And indemnity insurance will satisfy some buyers and lenders for older breaches.
Indemnity insurance is generally unavailable once the landlord has been approached. So the sequence matters enormously: take advice before writing to anybody. A well-meant letter asking the managing agent whether consent exists can eliminate the insurance route in a single email, and leave you negotiating a retrospective licence under the pressure of an agreed completion date.
Deal with it before marketing rather than during. Approaching the landlord early costs the same and takes the pressure off; approaching them once a buyer is waiting hands them the timetable.
If works were carried out before you bought, or you are not sure whether consent was given, we can establish the position before it becomes a problem in a transaction.
This article reflects our understanding of the position on 25 July 2026 and is general information rather than legal advice. The law in this area is changing: take advice on your own circumstances before relying on it.
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