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The loft space in my leasehold flat
hedgehogpenguin
Posts: 95 Forumite
Morning...
I bumped into my freeholder this morning on my way to work, and we got talking about extending my lease etc, and then he said he wanted to sell the loft to me (I am on the top floor).
However, when I bought the flat, the loft had been converted into a room, but only to be used as storage space. I know this is to circumvent building regs, but I kind of assumed that I would own it if we had a direct staircase leading into it.
I've had a quick rummage through the paperwork I got when I bought the place, and have found permission from the freeholder to convert it. Also, I found the lease, and much of it being in legal language, it stated that the demised property consists of our floor, the loft void and timbers and joists within it.
Does this sound like I own it ? I dont really see how he can sell it to anyone else or even use it as he has no access. However he mentioned 20,000.
many thanks for any help, obviously i will have to visit a solicitor eventually, but would like some info to maybe put my mind at rest today!
HP
I bumped into my freeholder this morning on my way to work, and we got talking about extending my lease etc, and then he said he wanted to sell the loft to me (I am on the top floor).
However, when I bought the flat, the loft had been converted into a room, but only to be used as storage space. I know this is to circumvent building regs, but I kind of assumed that I would own it if we had a direct staircase leading into it.
I've had a quick rummage through the paperwork I got when I bought the place, and have found permission from the freeholder to convert it. Also, I found the lease, and much of it being in legal language, it stated that the demised property consists of our floor, the loft void and timbers and joists within it.
Does this sound like I own it ? I dont really see how he can sell it to anyone else or even use it as he has no access. However he mentioned 20,000.
many thanks for any help, obviously i will have to visit a solicitor eventually, but would like some info to maybe put my mind at rest today!
HP
0
Comments
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I can't see how all that could mean anything but the loft is already yours.0
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You may need his permission to convert it into a habitable room.
He could charge for giving his permission.I'm a Forum Ambassador on the housing, mortgages & student money saving boards. I volunteer to help get your forum questions answered and keep the forum running smoothly. Forum Ambassadors are not moderators and don't read every post. If you spot an illegal or inappropriate post then please report it to forumteam@moneysavingexpert.com (it's not part of my role to deal with this). Any views are mine and not the official line of MoneySavingExpert.com.0 -
Sounds to me like you already own it and he's trying to pull a bit of a fast one.
My lease states something about me owning one moiety below the floor and one moiety above the ceiling with no mention of the loft. Whatever the hell a moiety is! So I assume I don't own the loft, even though the only hatch to it is in my hallway.
If your lease actually talks about the loft, and in the terms you said, then I'm sure you do own it.
As others have said, if you wanted to make more changes to it then he could charge for giving permission. If you want to keep it as is, I can't see what you'd be paying for!0 -
http://en.wikipedia.org/wiki/Moiety_title. AFAICS, a moiety is simply a share, alongside the moieties of all the other moiety holders.sarah_elton wrote: »... My lease states something about me owning one moiety below the floor and one moiety above the ceiling with no mention of the loft. Whatever the hell a moiety is! So I assume I don't own the loft, even though the only hatch to it is in my hallway. ...After the uprising of the 17th June The Secretary of the Writers Union
Had leaflets distributed in the Stalinallee Stating that the people
Had forfeited the confidence of the government And could win it back only
By redoubled efforts. Would it not be easier In that case for the government
To dissolve the people
And elect another?0 -
so is it normal for the loft to be included in the lease ?0
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Do you have a plan of the flat in your lease, and is the loft area shaded as part of demised premises? If it is, i would assume that you own it, if it is not i think you own the loft space, but might not own the whole structure and then you are in a bit of a tricky situation; we had a similarly worded lease, and, after we contacted our solicitor, it transpired that, because we did not own the roof, we had no right to convert the loft without our freeholder's permission (other than for a use as a windowless storage space).
On the other hand, if you have it in writing that he agrees to the conversion, i am not sure if he can now go back on his word. Worth checking with the solicitor, i think.
By the way, these guys are brilliant when it comes to offering advice about your lease. They are also free ( government founded, i think).
http://www.lease-advice.org0
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