APA were appointed as the Landlord’s Surveyor for the proposed internal and external refurbishment of two lower ground and ground floor flats within a Grade II listed inner city Victorian Italianate residential villa. 

The works which included but was not restricted to internal reconfiguration of the layout (including increasing the useable floor space of one flat at the expense of the other), installation of new hard flooring, creation of new wet areas, lowering of external ground level, installation of heat pumps, installation of double glazing, and a full refurbishment of the two flats.

Upon review of the lease an absolute covenant was identified. This restricted the installation of hard flooring in areas located above another flat or common parts. When advising the Landlord Duval v 11-13 Randolph Crescent [2020] was referenced. This case law was considered as Landlords could be put at risk should proposals be accepted that breach an absolute covenant.  

Due to the proposals also altering useable floor space of two separate demised premises APA identified that a lease amendment would be required. This was raised with the Landlord’s solicitors who were in agreement, both leases were subsequently varied, and service charge percentages adjusted.

Following completion of the technical due diligence report, which formed a basis for the licence for alterations, APA monitored the works on-site. Once complete a sign-off report will be provided confirming the works have been carried out in accordance with the approved plans.