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Use of Loft

Hi

We are in the process of purchasing a third (top) storey flat. When we were shown around the Estate Agent showed us the loft, where the sellers had boarded the floor and stored alot of their property.

We looked around it again when the vendors were present and they once again showed us the loft space and said how useful it was.

We have just received the leasehold details and it says that we do not own the loft space, even though there is a hatch and ladder up into it.

The reason we are buying this house is because of the extra space the loft gives us (we are downsizing from a 4 bedroom detached to a 2 bedroomed flat)

Does anyone have any experience of this and can anyone give any advice?

Many thanks
anneliza
«13

Comments

  • Jomo
    Jomo Posts: 8,253 Forumite
    I have a top floor flat with exactly the same 'perk', I'm not sure what my lease says but neither do I care. The loft space is mine as far as I am concerned...

    It is ridiculous to say it isn't mine or that others can make use of it, in order to do so I would have to let them into my property and I have no intention of doing that!
  • PasturesNew
    PasturesNew Posts: 70,698 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Some blocks of flats have water tanks for all the other flats in the loft. Also, in some, flue pipes run through.

    Some blocks of flats say the roof space isn't yours in the same way that you can't now create a cellar and go into downstairs' flat and make it yours if it were empty.

    You need to find out really why the loft space is not available to you. Maybe you can buy it. Maybe it has water tanks of other flats. It needs further investigation so you are clear about what you can/can't do and why.
  • Jomo
    Jomo Posts: 8,253 Forumite
    Some blocks of flats have water tanks for all the other flats in the loft. Also, in some, flue pipes run through.

    Some blocks of flats say the roof space isn't yours in the same way that you can't now create a cellar and go into downstairs' flat and make it yours if it were empty.

    You need to find out really why the loft space is not available to you. Maybe you can buy it. Maybe it has water tanks of other flats. It needs further investigation so you are clear about what you can/can't do and why.

    It is plain to see in my loft space that there aren't any pipes or tanks.

    Good idea though, if there aren't then I wouldn't worry so much about it as it is just 'space' underneath the roof, a perk of having a top floor I'd say!
  • ILW
    ILW Posts: 18,333 Forumite
    I doubt if you store a few bits in the loft it would be any sort of problem. But if the freeholders decide they want the space back at some time (extra flat above, installation of something in the loft etc, you would lose the use of the space.
  • Same as you - top floor of a three storey building and I have a loft.

    Again, under the lease, the loft isn't mine. However, I've lived in my flat over three years and have used the loft for storage throught. A couple of years ago I boarded it and installed a ladder.

    The only reason the freeholder/management company would ever need to go into your loft is to fix a major roof/water pipe problem. Pretty unlikely to happen. Even if they told you that you shouldn't be using the loft, I can't see them coming back to inspect regularly. :) Worst thing they could do is ask you to remove the boarding, but it's usually just nailed in and you can still store stuff on the rafters.

    I sold my flat in Feb (to a BTLer so am still living in it) and he knew the loft wasn't included in the lease and didn't mind.
  • I live in a converted house & have the downstairs flat, if the 'top' flat wants to use the loft as extra storage or anything else then as long as it doesn't damage the structure of the roof I don't give a monkeys.

    I can't see why anyone would mind and although you don't own it, you can always move stuff around or take it out if anyone needs access for repairs/maintenance to the roof etc.

    M_o_3
  • Jomo
    Jomo Posts: 8,253 Forumite
    Well I've checked my lease and there is nothing in it about the loft!
  • If it's been used as a selling point by both the EA and especially the vendors (who may have known it's not included, but relied on the chance you'd not find out), then I'd be wary of this being reflected in the price.

    I'd be checking this is not so by comparing it to other flats in the development (minus the obvious difference due to it's position & aspect on the top floor)

    As it stands, you will get the use of the space and not have to pay for it. (As long as there is no other way into the loft). this is win-win...
  • ET1976
    ET1976 Posts: 315 Forumite
    I own the upstairs of a converted house and my lease also says something about not using the loft - I can't remember what exactly. There was already a loft hatch in place and the previous owners had left stuff (rubbish) in there when they moved out. Being a rather wary FTB at the time, I thought I should abide by the lease and not enter the loft.

    One day I came home from work and the loft hatch was partially open. Needless to say this freaked me out a bit, so I phoned the freeholder (who is the council) to ask if they knew anything about it (although there is no way they could get into the house without me letting them in anyway). They asked me something like "are you sure you didn't just leave it open last time you used the loft", which made it quite clear they were expecting the loft to be in use, so since then I have boarded it and used it.

    They are doing roof repairs soon so I will move my stuff out temporarily but I really don't think they are at all bothered about it being used.
  • PasturesNew
    PasturesNew Posts: 70,698 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Jomo wrote: »
    It is plain to see in my loft space that there aren't any pipes or tanks.

    Good idea though, if there aren't then I wouldn't worry so much about it as it is just 'space' underneath the roof, a perk of having a top floor I'd say!
    Unless the owner decides he can get extra money by sticking a 4th storey on ... obviously very unlikely, very costly, ridiculous, he'd never get permission .... but in theory it is possible.
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