loft not mentioned in lease

jvpari

We have a first floor maisonette so have access to the loft. The loft isn't mentioned at all in the lease. The freeholder has said that we can't convert the loft as the lease does say that we can't alter the outside of the building so couldn't put windows in the roof. But does anyone know if we could convert it minus the windows and essentially make a fully functional room (with a ladder not staircase) as at the moment there are just too many beams to be a useable space.

thequant

jvpari wrote: »

We have a first floor maisonette so have access to the loft. The loft isn't mentioned at all in the lease. The freeholder has said that we can't convert the loft as the lease does say that we can't alter the outside of the building so couldn't put windows in the roof. But does anyone know if we could convert it minus the windows and essentially make a fully functional room (with a ladder not staircase) as at the moment there are just too many beams to be a useable space.

If the Loft hasn't been demised to you, then the loft does not belong to you it belongs to your landlord.


You should not be entering it or storing your possessions in their without your landlords permission, let alone thinking of doing any kind of conversion up there.


Expect some hefty bills from your landlord if you do this.


Your best way forward is to approach your LL and ask if you can purchase the loft from him.

G_M

1) what does the lease say? Give us a quote of the relevant part(s) and we can comment.

2) what does the Plan attached to the lease show?

jvpari

G_M wrote: »

1) what does the lease say? Give us a quote of the relevant part(s) and we can comment.

2) what does the Plan attached to the lease show?

The loft isn't mentioned at all. And the plan shows the outline of our maisonette (aerial shot so outlines downstairs as well), both gardens and garage.

moromir

The loft does not need to be specifically mentioned so you need to get the idea out of your head that if its not mentioned, you can take it.

You are looking for a section of your lease talking about 'the demised premises' - this sets out the extent of what you own.

If the loft is not mentioned within the definition of 'demised premises' then the loft belongs to the freeholder and you may not just take it without their consent.

hazyjo

I'd be worried the 'beams' are joists and certainly wouldn't want to be chopping them down to make it a useable space!

As above - it it's not mentioned, don't make any changes to it.

Does another maisonette share part of the loft space or is it all above yours? If there's another, it might be worth checking their lease too just in case they're meant to have all of the space and you're not even meant to have a loft hatch (presuming you have one!).

Jx

Kynthia

Could you not get advice from your conveyancing solicitor as to whether the loft is yours? Although if it's not specified as yours then it probably isn't.

propertyman

The short answers is that if its not yours then its academic.

The landlord is also right in that even if the loft were included, the roof may not be.

Therefore to answer your question of whether it can be converted into a habitable room without windows, the answer is no.

Of course the freeholder might be pleasantly surprised to get a cash sum for the space ( and the amendment to your lease as well as the cost of paying for his legal and professional fees to consent to the alterations to the loft and roof).

thequant

jvpari wrote: »

The loft isn't mentioned at all. And the plan shows the outline of our maisonette (aerial shot so outlines downstairs as well), both gardens and garage.

Oh you might as well claim possession to the flat downstairs, the garden and the garage while your at it.

jvpari

moromir wrote: »

The loft does not need to be specifically mentioned so you need to get the idea out of your head that if its not mentioned, you can take it.

You are looking for a section of your lease talking about 'the demised premises' - this sets out the extent of what you own.

If the loft is not mentioned within the definition of 'demised premises' then the loft belongs to the freeholder and you may not just take it without their consent.

I'm not sure how I gave the impression that I "can take it" but questioning what happens if it isn't mentioned in the lease at all. We have a hatch to it and our old water tank is up there so excuse me for being unsure!

jvpari

hazyjo wrote: »

I'd be worried the 'beams' are joists and certainly wouldn't want to be chopping them down to make it a useable space!

As above - it it's not mentioned, don't make any changes to it.

Does another maisonette share part of the loft space or is it all above yours? If there's another, it might be worth checking their lease too just in case they're meant to have all of the space and you're not even meant to have a loft hatch (presuming you have one!).

Jx

By converting it to usable space, I did mean to replace those joists with the correct steel supports!


Next door, we have the same layout so the loft does adjoin another, but the loft above us is solely above our flat.