Selling a flat but not the loft

AubreyMac

I viewed a flat yesterday, its a 1 bed top floor of a 3 storey block.

I noticed on the ceiling there was a loft entrance that was closed with a padlock. I pointed it out to the agent as it wasn't mentioned in the listing who said it's something they need to clarify whether it comes with the sale of the flat.

I was astonished. Can you really sell a flat without the loft? Agent said that needs to be verified.

I then asked if it doesn't come with the loft can the loft owner pop in unannounced to access the loft at anytime or would this need to be arranged with flat owner? agent said they don't know!

Is this legal? It sure is bizarre.

G_M

The space above the top flat ceiling (attic, loft) may not be included in the lease.

Like the external walls, roof (and roofspace!), common areas like stairs/corridors, these remain outside any of the leases ad belong to the freeholder (who almost certainly has to maintain them, usually at the leaseholders' cost).

read the lease to check.

anselld

It is perfectly normal for a flat lease not to include the loft.

There may or may not be a need to access the loft, but if there is then the terms of access would need to be described in the lease.

greenface

So where are we supposed to grow our own ?

bouicca21

As others have said, it's probably communal. But if you are the only person with access, no one will know if you use it for storage ...

tigsly

except the pad lock - would have to be removed to get in?

My friend tried to buy a house- where this was the case - she ended up loosing her legal fees. becuase she didn't want to go through with it..

in her case the freeholder only had to get 24 horus notice to 'access the loft..and she decided it would impact on her ablity to relax in the property..

so yes it is legal - and its not something i personally would be happy with..

jimbog

Though if you wished that you owned the loft then I would assume that you would wish to be also responsible for the roof repairs too

puppypants

You obviously don't watch "Homes Under The Hammer"! This comes up often! x

Fluffi

Yes I viewed a flat a while ago - top floor - with a loft hatch and the loft was NOT included in the sale. And the estate agent said yes the freeholder would be able to request access with 24 hrs notice and also it was used for TV aerial access - so if anyone's TV failed people would be wanting access to my flat to get into the loft.

I decided not to offer - the idea of people requesting access to my flat - to get to the roof/loft space with the associated days off work that would probably entail - was not appealing.

The lease will define the exact conditions for access.

Davesnave

puppypants wrote: »

You obviously don't watch "Homes Under The Hammer"! This comes up often! x

If you say so....

A familiarity with 'HUTH' isn't something some of us would wish to acknowledge.

G_M

Davesnave wrote: »

If you say so....

A familiarity with 'HUTH' isn't something some of us would wish to acknowledge.

Ah but how do you know this..........