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Who's responsible?

Hi everyone,

I am a leaseholder in a top floor flat my question is this: Who is responsible for the roof space immediately above my flat? the management company or myself?

Best Wishes

Luke:beer:

Comments

  • Hi there Luke

    It really depends on what your lease says. Do you have a copy you could look at?
  • lukemed1
    lukemed1 Posts: 511 Forumite
    hi there, yes i do,

    Service charge covenants by the manager;

    1. that the manager will keep the premesis properly supported and protected by the main structures.

    2.that the manager will keep the main structures properly repaired supported maintained reconstructed and cleansed and subject to the Lessee paying the service charge will keep the Lessee indemnified against all costs and expenses in connection therewith
  • zzzLazyDaisy
    zzzLazyDaisy Posts: 12,497 Forumite
    Part of the Furniture Combo Breaker
    When I had a top floor apartment, my lease specifically stated that I was responsible for everything within the apartment, including the inside walls and ceilings, but everything outside (including the outside of the front door and windows) were the responsibility of the management committee/freeholder. That meant that the other side of the ceiling (ie the loft space) was theirs. But having said that, the only way they could get into the loft space was through my apartment. And I did board it out and use it for storage, tho strictly that would have been a breach of the terms of the lease.

    Have a really good read through the whole lease, it may say something like mine did.
    I'm a retired employment solicitor. Hopefully some of my comments might be useful, but they are only my opinion and not intended as legal advice.
  • silvercar
    silvercar Posts: 49,685 Ambassador
    Part of the Furniture 10,000 Posts Academoney Grad Name Dropper
    Do you have access to the roof space?

    If you wanted to do a loft conversion, would it be permitted?

    If the freeholders wanted to add another storey onto the block and lease more flats, would they be able to?

    The answers to these questions may help you decide. When I lived in a top floor flat the only access to the loft space was from the communal hall and we definitely didn't have any rights over that space.
    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.
  • lukemed1
    lukemed1 Posts: 511 Forumite
    Hi there,

    yes I am responsible for the interior of the dwelling and they are responsible for the main structures of which i would've thought the roof was a part of?

    Best wishes

    Luke
  • lukemed1
    lukemed1 Posts: 511 Forumite
    silvercar wrote:
    Do you have access to the roof space?

    If you wanted to do a loft conversion, would it be permitted?

    If the freeholders wanted to add another storey onto the block and lease more flats, would they be able to?

    The answers to these questions may help you decide. When I lived in a top floor flat the only access to the loft space was from the communal hall and we definitely didn't have any rights over that space.
    Yes the loft hatch is in my bathroom.

    Luke
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