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loft not mentioned in lease

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  • jvpari
    jvpari Posts: 118 Forumite
    Seventh Anniversary Combo Breaker
    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 aterations to the loft and roof).



    True. I think I might ask how much they want for it and/or the freehold as converting it will undoubtedly be cheaper than a three-bedroom round here.
  • thequant
    thequant Posts: 1,220 Forumite
    jvpari wrote: »
    True. I think I might ask how much they want for it and/or the freehold as converting it will undoubtedly be cheaper than a three-bedroom round here.


    The usual is to expect to split the uplift evenly.


    I.e. work out how much it will increase the cost of your property and then divide by 2.
  • jvpari
    jvpari Posts: 118 Forumite
    Seventh Anniversary Combo Breaker
    thequant wrote: »
    The usual is to expect to split the uplift evenly.


    I.e. work out how much it will increase the cost of your property and then divide by 2.


    Thanks, that's good to know
  • ethank
    ethank Posts: 2,197 Forumite
    Holiday Haggler I've been Money Tipped!
    It's clear you cannot do it without consent. I would also not try to do it on the cheap either (no windows, and a ladder, no stairs) - it will make it very difficult to sell the property with the extra space and value - as it will not comply with building regs.
  • G_M
    G_M Posts: 51,977 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    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.
    1) what does the lease say? Give us a quote of the relevant part(s) and we can comment.

    :cry: :doh:
  • thequant wrote: »
    Oh you might as well claim possession to the flat downstairs, the garden and the garage while your at it.

    Well no he has a point. With access he might claim possessory title and under section 62 LPA 1925.
    Stop! Think. Read the small print. Trust nothing and assume that it is your responsibility. That way it rarely goes wrong.
    Actively hunting down the person who invented the imaginary tenure, "share freehold";
    if you can show me one I will produce my daughter's unicorn
  • jvpari wrote: »
    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!



    I am not saying don't try and do a deal or not take a chance, but don't read into a loft hatch as being any more than there to give access to the tank..................
    Stop! Think. Read the small print. Trust nothing and assume that it is your responsibility. That way it rarely goes wrong.
    Actively hunting down the person who invented the imaginary tenure, "share freehold";
    if you can show me one I will produce my daughter's unicorn
  • thequant wrote: »
    The usual is to expect to split the uplift evenly.


    I.e. work out how much it will increase the cost of your property and then divide by 2.

    Actually the request is usually

    uplift in value - (typical) cost of conversion

    and negotiate from there
    Stop! Think. Read the small print. Trust nothing and assume that it is your responsibility. That way it rarely goes wrong.
    Actively hunting down the person who invented the imaginary tenure, "share freehold";
    if you can show me one I will produce my daughter's unicorn
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