UK Landlord Forum / Life

HELP
I have recently requested to remove an internal, non load bearing wall from my leasehold flat. The freeholder provided me with written consent that I was able to make this change. The only term in the lease regarding this matter states:
'not to make any internal or structural alterations without the landlords prior written consent'

Which I obtained. She is now claiming that she has the right to impose additional requirements to 'fully obtain written consent' these include a Deed of Variation and some other things. There is no mention of any of this in the lease and I am being quoted £800+VAT to do this. I have contacted my solicitor who says that she has no right to demand such things as they are not in writing, but she is fighting me hard on this. Is my solicitor right or can she impose these additional requirements? 

PLEASE help - panicking!

Your clause is missing a key bit to it; " ... which can not be unreasonably withheld." Section 19 of the Landlord and Tenant Act 1927, provides that where the covenant is qualified (permits change) the landlord's consent cannot be unreasonably refused. As far as I know, a license of alteration does not need to be in a formal legal document (unless the lease specifies this) – a letter or email could suffice.

Moreover, I think a deed of variation is only needed for structural changes and it could be argued either way whether altering a non load bearing wall amounts to structural changes. It all depends on whether removing the wall would alter the essential appearance and shape of the property.

Best way to go hear, is to talk to a property lawyer.