When a freeholder (or managing agent) becomes “difficult” during a Licence for Alterations application, it can feel personal—especially when you’re trying to improve your own home. In reality, most friction comes from one of three places:
- Risk management (structure, fire safety, water escape, noise)
- Process and paperwork (incomplete submissions, slow responses, unclear scope)
- Cost and control (professional fees, conditions, and delays)
The goal is to move the situation from a frustrating back-and-forth to a structured, evidence-led process that either (a) achieves consent on reasonable terms or (b) puts you in the best position to challenge unreasonable refusal/delay where your lease allows it.
Below is a detailed, practical guide.
1) First, define what “difficult” actually means
Freeholders can be “difficult” in different ways, and the right response depends on which one you’re facing:
A) Slow or unresponsive
- weeks without replies
- no clear timeline
- repeated “we’re looking into it”
B) Constantly asking for more information
- new requirements appear late
- repeated requests for minor details
- the goalposts seem to move
C) Excessive fees
- unclear hourly rates
- multiple professionals appointed without explanation
- large admin charges not justified
D) Unreasonable conditions
- restrictive working hours beyond what the building needs
- disproportionate deposits
- demands that don’t relate to your actual scope
E) Blanket refusal
- “we don’t allow that” without explaining why
- refusal even when your covenant suggests consent should be reasonable
Clarifying the category helps you respond calmly and effectively.
2) Re-check your lease covenant type (this changes your leverage)
Your options depend heavily on the wording in your lease:
Absolute covenant
If alterations are prohibited with no consent mechanism, the freeholder may have wide discretion and is often not obliged to consent. You may still negotiate consent, but your leverage is generally lower.
Qualified covenant
Consent is required, but the lease may not say it must be reasonable. Freeholder discretion may be broader, though they still need to act properly and within the lease framework.
Fully qualified covenant (“consent not to be unreasonably withheld/delayed”)
This is where you have the strongest position if the freeholder is obstructive. It doesn’t guarantee consent, but it does mean:
- refusal should be justifiable, and
- delays should not be unreasonable.
If you’re unsure which you have, get the wording reviewed before escalating.
3) Make your application “decision-ready” (to remove excuses for delay)
Many “difficult” cases are actually incomplete applications. A freeholder can legitimately delay if they don’t have enough information to assess risk.
A decision-ready pack typically includes:
Core documents
- concise scope of works (clear what is and isn’t included)
- drawings (existing and proposed, where needed)
- specification of finishes/materials (especially flooring)
- method statement + programme
- contractor details and insurance certificates
If relevant, add:
- structural engineer design/calculations for wall alterations/openings/steels
- acoustic underlay specification for hard flooring
- drainage/ventilation details for kitchen/bathroom changes
- fire stopping approach for penetrations
- plan for protecting common parts (lifts, corridors) and waste removal
Action tip: Ask the freeholder/agent for a checklist and submit everything in one organised email/PDF bundle. “Here is the complete pack for review” is a powerful message.
4) Shift communication into a structured, professional tone
The more emotional the discussion becomes, the longer it tends to drag on. Instead:
Use written communication only
- email is best
- summarise calls in follow-up emails (“Further to our call, my understanding is…”)
Ask clear questions that force clear answers
Examples:
- “Please confirm the outstanding documents you require, listed as bullet points.”
- “Please confirm the estimated total fees and the basis of calculation (fixed or hourly).”
- “Please confirm whether you are refusing consent, or whether consent is subject to additional information.”
Ask for reasons
If they refuse or impose conditions:
- “Please set out the reasons for refusal/conditions in writing, referencing the lease covenant and the building-related risk.”
This reduces vague obstruction and helps you decide next steps.
5) Handle delays: set timelines and keep the pressure polite
If the freeholder is unresponsive, introduce a timeline without being aggressive:
- “We would be grateful if you could acknowledge receipt within 2 working days and confirm expected review timescales.”
- “Please confirm by [date] whether any further information is required, so we can avoid unnecessary delay.”
If you have a fully qualified covenant, you can (carefully) reference that delays should not be unreasonable. The key is to stay measured and factual.
6) Handle moving goalposts: lock down the requirements
If new requirements keep appearing, respond with:
- “To ensure we address everything in one submission, please confirm the full list of requirements needed to progress to licence drafting.”
- “Please confirm that, subject to the documents listed above, the application will proceed to licence drafting.”
This turns the process into a controlled checklist rather than an endless drip-feed.
7) Handle excessive fees: ask for transparency and proportionality
It’s common for leaseholders to pay the freeholder’s reasonable professional costs, but “reasonable” should still be capable of explanation.
Ask for:
- fee estimate ranges (surveyor + solicitor)
- hourly rates and likely hours
- what each professional is doing and why
- whether any elements can be fixed-fee
- whether duplication is necessary (e.g., two surveyors reviewing the same small alteration)
If the fees are truly disproportionate to the works, your solicitor may be able to advise on challenge routes depending on the lease and the nature of charges.
8) Handle unreasonable conditions: separate what’s sensible from what’s negotiable
Some conditions are normal and hard to challenge:
- working hours
- insurance
- protection of common parts
- making good damage
- inspections
- compliance with building regs
But some conditions can be excessive. The best approach is to:
- accept the sensible conditions quickly
- politely challenge only the ones that are disproportionate
Example:
- “We are happy to comply with working hours, insurance, and common parts protection. We would like to understand the basis for the £X deposit / additional restriction, as it appears disproportionate to the scope.”
This avoids a stand-off and keeps your position reasonable.
9) If they refuse consent: request the refusal properly, and consider next steps
If you receive a refusal, don’t respond emotionally. Do this:
- Ask for the refusal reasons in writing
- Ask whether they would consent with modifications (smaller scope, different method, additional acoustic measures, etc.)
- Consider revising the proposal if the reasons are legitimate
- If you have a fully qualified covenant and the refusal appears unreasonable, take legal advice about challenge options
Often, a refusal becomes a “conditional yes” once you adjust design details and provide additional assurance.
10) Avoid the worst mistake: starting works without the licence
When freeholders are obstructive, people are tempted to “just get on with it.” That usually makes things worse:
- you may breach the lease
- it can trigger enforcement and legal costs
- you weaken your negotiating position
- it can complicate future sale/remortgage
If you’re in a difficult situation, the safest route is still to keep the process clean and documented.
11) A practical escalation ladder (without going nuclear)
If you’re stuck, a sensible escalation path is:
- Managing agent (request clear requirements + timeline)
- Freeholder/freeholder’s appointed contact (formal written request)
- Formal complaint via the agent’s complaints process (if applicable)
- Solicitor letter if covenant is fully qualified and delay/refusal appears unreasonable
- Consider dispute resolution routes / formal challenge as advised by your solicitor
Most cases resolve before step 4 once the submission is complete and the communication becomes structured.
12) The mindset that gets results
Freeholders respond best to:
- clarity
- competence
- risk control
- documentation
- calm persistence
If you provide a decision-ready pack, keep communication written and structured, and challenge only what is genuinely excessive, you put yourself in the strongest position—both to obtain consent and to challenge unreasonable obstruction where your lease allows it.
Need help dealing with a difficult freeholder or managing agent?
Email mail@howorth.uk or call 07794 400 212. Tell us (1) what works you’re proposing, (2) what stage you’re at, and (3) what the freeholder is doing that feels “difficult” (delay, refusal, fees, conditions). We’ll help you structure a decision-ready submission, frame the right written responses, and keep the process moving toward a practical consent outcome.