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Balcony to removed, never notified when signing lease. What are my options?

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  1. #11

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    Quote Originally Posted by shri:
    The whole identification and removal of illegal structures is a multi-year process with notices, consultations etc.

    Your landlord knew that there was a pending action and if the agent had done a proper land search, I suspect these illegal structure notices are identified on the land search (can someone confirm this please?)

    Stop paying rent and plan your exit - the estate agent should also help you find a new apartment without you having to pay commissions to them (they were negligent and did not inform you or do their due diligence).
    The land search at land registry can identify such order. But newly issued order takes time to be included in land registry.

    The earliest way one can know about illegal structures in any building is to look at notice posted in the building!!!
    JAherbert likes this.

  2. #12

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    But newly issued order takes time to be included in land registry.
    Doesnt it take a LONG time from issued order to arranging for architects etc to approve the reinstatement? My point being, if the reinstatement works are starting in July, this order should be on the land records.

    Yes, there should be notices in the building. The elderly neighbours should also have paper work related to this, incase your landlord is redirecting all mail addressed to him and nothing has shown up in your mail box.

  3. #13

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    Do you have proper evidence of the removal and timing? Other than what the elderly neighbor has said? I think start there first.

    shri likes this.

  4. #14

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    Original Post Deleted
    Yes, but a good tool to negotiate a commission free deal for the next apartment with the agent? They were negligent if this was on the land search records.
    TheBrit likes this.

  5. #15

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    The landlord may not be aware.

    Though not quite as major as a balcony removal, I had a buildings dept order sent to a flat I owned (was renting it to a useless tenant) back in 2014. It was only a window order (part of the total con that is the MWIS) but I only found out when I sold the flat earlier this year. Had to get it sorted ASAP for the sale but the fact that the order was 4 years old gives an indication of how stuff can go unenforced for long periods.

    chuckster007 likes this.

  6. #16

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    OP the matter is between the Lands Dept and the owner. Until the landlord notifies you ignore it, even then ignore it as they have no right to enter the flat whilst you are up to date with the rent. Change the locks if you have not already done so. If and when the landlord gets under pressure from the Lands dept or the owners committee then you have some power to bargain your exit strategy or rent reduction.

    Whatever you do, don't be a nice guy and let them in to do the work unless you are ok with it all. They will cause major stress, take up all your time and make a huge mess.

    chuckster007 likes this.

  7. #17

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    Quote Originally Posted by shri:
    Doesnt it take a LONG time from issued order to arranging for architects etc to approve the reinstatement? My point being, if the reinstatement works are starting in July, this order should be on the land records.

    Yes, there should be notices in the building. The elderly neighbours should also have paper work related to this, incase your landlord is redirecting all mail addressed to him and nothing has shown up in your mail box.
    BD generally dont put a lien on the property if the landlord replies / is vaguely cooperative, so that can be made to drag on for years. Answer a BD letter and it generally takes them 6 months to reply.

  8. #18

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    So this exact thing happened to me 2 years ago. You can't stop the removal of the balcony. You can definitely talk your rent down with your agent and landlord. The apartment is not as advertised anymore, so you do have leverage.

    And yes, you have grounds to break the lease if you want to move out. I ended up moving out early because of the balcony removal, but did give my landlord 1 month to find another tenant.


  9. #19

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    Quote Originally Posted by demco:
    So this exact thing happened to me 2 years ago. You can't stop the removal of the balcony. You can definitely talk your rent down with your agent and landlord. The apartment is not as advertised anymore, so you do have leverage.

    And yes, you have grounds to break the lease if you want to move out. I ended up moving out early because of the balcony removal, but did give my landlord 1 month to find another tenant.
    A mutual understanding between two parties. Not your legal right.

  10. #20

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    Quote Originally Posted by MandM!:
    A mutual understanding between two parties. Not your legal right.
    Didn't realise you're a lawyer? Yes if a chunk of property was removed, but "sold with it" there are grounds for appeal. This can easily be taken to a small court, or just cite the right part of the ordinance if landlord isn't up for a debate... CAP 7 LANDLORD AND TENANT (CONSOLIDATION) ORDINANCE Section 110 Restoration of property removed but bona fide sold