Responsibility for roof with loft conversion?

keepsaving!

Hi everyone, just seeing if anyone has any advice about whether the ground floor flat (with share of freehold, alongside upstairs flat) would still retain joint responsibility for the roof if the upstairs flat has converted the loft? I've had an offer accepted on the ground floor flat, the EA says the vendors think they're jointly responsible for the roof but they're not sure if the loft conversion the upstairs owners have put in would change this. I can't see why the exterior of the roof would be treated any differently, unless any problems were caused by someone in the loft itself??

propertyman

You need to look at both leases and any variation or supplemental lease for the loft conversion.

There is no hard and fast rule; often the projecting roof and sides of the dormer window can be the leaseholders responsibility, or they can be taken as part of the roof as you suspect.

Only an inspection of all the leases will tell you.

And if they are silent on it, then it falls to the joint freeholders to repair at their cost.

chappers

Also check the leases/titles to check if any permissions from the other freholders was required and if any such permissions were granted.

G_M

This is why there is a lease.

It defines who is responsible for what; who has the right do do what; who has to ask permission from whom before doing what. Etc.

Get it out and read it. If it's unclear, either come back here quoting the relevant bit, or seek legal advice.

prudryden

Interesting question! In one of my properties, the freeholder owns the loft. I have the lease on the upstairs flat. When I enquired about loft extension, the freeholder said that it would be OK but I would then be responsible for the roof. I didn't bother to extend so don't know if he would have had to change the lease.
Check the freehold and each lease as already mentioned.

pararct

prudryden wrote: »

Interesting question! In one of my properties, the freeholder owns the loft. I have the lease on the upstairs flat. When I enquired about loft extension, the freeholder said that it would be OK but I would then be responsible for the roof. I didn't bother to extend so don't know if he would have had to change the lease.
Check the freehold and each lease as already mentioned.

Leases are a two way street, they can not be changed without agreement from all parties concerned..

In this example the freeholder was saying yes you can convert the loft but once you had done so you would have sole responsibility for the repairs to the roof.

You either takes it or leaves it!!

prudryden

pararct wrote: »

Leases are a two way street, they can not be changed without agreement from all parties concerned..

In this example the freeholder was saying yes you can convert the loft but once you had done so you would have sole responsibility for the repairs to the roof.

You either takes it or leaves it!!

I thought that was what I said. I left it.