Loft Access in lease

Rum_Punched

Hi,

Newbie here, I have been reading these forums for a long time but please be gentle with me!

I am in the process of selling my top floor maisonette (2 flats converted house) with share of freehold - I appreciate some of this has been covered in other threads but in this case there is no loft conversion issue which they all seem to have, just an access issue (it is only accessed from my flat) which my solicitor has advised there not a problem with the current lease but the buyer's solicitor is saying there is and wants a variation deed. When I purchased the solicitor I used said there was no issue also.

It is an old lease and wording is vague so I fully understand the stand off but I just wanted to see if anyone has had this before (no loft conversion it is still just a loft with light storage in it).

The lease reads:
The landlord herby demises unto the tenant all that upper floor of the building and known xxxx shown edged red together with the piece of land thereon coloured green xxxxxx herein called the demised premises and together also with the following rights easements and privileges

I believe from conversations with the other freeholder that their lease does not grant them access to the loft as it is the responsibility of the top floor flat and theirs has the responsibility for the foundations. The other freeholder has also agreed to a deed of variation but I guess my post comes from a time/cost perspective as if it is actually required.

Is a deed of variation required for this type of lease to include the loft?

Many Thanks

GrumpyDil

FWIW I'm edging towards the variation. The first paragraph covers the upper floor but I would not interpret that as including the loft. The second paragraph gives you an obligation to maintain the external parts of your floor and the roof but I don't read that as letting you use the loft for storage.

However not my area of expertise and it may be that other elements of the lease would change that interpretation.

dj1471

What has your solicitor suggested? You're paying for professional legal advice, nobody here can give you better advice.

phill99

I would also be inclined to add a variation that all external maintenance is at joint cost between the two flats. If you, as the top floor flat leaseholder, are responsible for the roof and the G/F leaseholder is responsible for the foundations, you have got a much worse deal as roofs go wrong a lot more than foundations!!!