Deed of Variance for Loft Conversion

Yadadabodoo

Hi

We recently started the process of getting our loft converted but have hit a bit of a snag with the joint freeholder of the property. We are the other freeholder in a converted Edwardian property that now consists of a one-bed ground floor flat and a two-bed first floor flat, which is the one we own.

The lease clearly states that the loft falls under our ownership and the joint freeholder is not challenging this. However, upon starting the process of getting our loft converted they have sought legal advice and their solicitor has advised that we require a deed of variance to cover the new living space. It is my understanding from doing research online that a deed of variance is only required if you live in a purely leasehold property and want to know if this is applicable to us, as joint freeholder?

The other freeholder is also requesting that we pay all of their legal fees they have incurred because of this so far. I have not replied either way, as I am weighing up whether we need to seek legal advice of our own.

The loft company have said this is the first time they have come across this query. The other freeholder has form of being difficult and am not sure if this is just another case of that.

Any advice would be very welcome.

Best wishes

Adam

davidmcn

The fact you're also the freeholder isn't relevant to the question of whether the lease needs varied. But if the loft is already in your demise, what is the variation they're seeking?

teneighty

davidmcn wrote: »

The fact you're also the freeholder isn't relevant to the question of whether the lease needs varied. But if the loft is already in your demise, what is the variation they're seeking?

Structural alterations, changes to the roof, changes to the drainage, increased floor area may affect apportionment of service charges, any additional fire precautions work required etc. etc. etc.

Seems the other freeholder is being perfectly reasonable. I'm just surprised that the loft conversion company has never heard of this before, they obviously have never done a flat before. I hope they know what they are doing.

G_M

You own a lease for your flat.
The ground floor resident owns a lease for his flat.
You both jointly own the freehold to the building.

If you want to alter the terms of your lease, then it needs to be varied, with the consent of the freeholder (ie the two of you jointly).

Your lease also prrobably contains restrictions on undertaking work to structural elements of the building, which again would need the consent of the freehlder (the two of you jointly).

Have you got, and read, a copy of your lease?

As an aside, you will also need involvment from the council to obtain Buildings Regulations certification.

And maybe Planning Consent eg if installing a dormer window etc

deFoix

Adam,

You mean you didn’t discuss this with your joint freeholder before starting works??!

Highly unlikely that the loft conversion company hasn’t heard of these type of issues before. They probably just wanted you to commit £££ and ask questions later.

As others have said you need to look at the exact wording of your lease.

eddddy

So...

• You are the leaseholder of your flat
• You and your neighbour are joint freeholders of the building

Perhaps the first step is to see what your lease says about alterations. Typically it will say one of two things:

1. ) No alterations
2. ) No alterations without the consent of the freeholder

If it's 1 - you're probably completely at the mercy of your joint freeholder. (Essentially, they could probably refuse consent, or only agree if you pay them a big lump of cash.)

If it's 2 - the freeholders (you and your neighbour) must not unreasonable withhold consent. But the freeholders may want to take advice from solicitors, surveyors, architects, structural engineers etc.

As the leaseholder requesting consent, you would have to pay all these fees (including fees for any lease variation).


Realistically, you have to find a way of cooperating with your neighbour. If you can't cooperate, it's likely to result in expensive tribunal and court cases to resolve things.


(TBH, it might be worth offering them a cash incentive "for the inconvenience that they will suffer", if it keeps them cooperating and avoids having to take this stuff through the tribunals and courts.)

Yadadabodoo

Hi all

Many thanks for all your responses. Sounds like we need to suck it up.

We informed the joint freeholder of our intentions around a year ago, and provided the plans as soon as we received them from our architects. It's currently out to consultation with the neighborhood so will see how it goes but agree re the comments about remaining on friendly terms.

I was also a little surprised by the loft companies response. They're a reputable loft company (won't name names) with plenty of experience and very good feedback online.

Best wishes

Adam

Yadadabodoo

davidmcn wrote: »

But if the loft is already in your demise, what is the variation they're seeking?

This is what I am slightly puzzled about and main reason for my post. Have asked a solicitor to check this out for me.

Tom99

Yadadabodoo wrote: »

This is what I am slightly puzzled about and main reason for my post. Have asked a solicitor to check this out for me.

Change to the %age service charge would be my guess if your flat is now 50% larger.

deFoix

!!!8220;However, upon starting the process of getting our loft converted they have sought legal advice and their solicitor has advised that we require a deed of variance to cover the new living space.!!!8221;

Did they !!!8220;advise!!!8221; this in writing? If so what exactly did they say?

deFoix

Dear Martin Lewis, please fix your forum!!!8217;s rendering of basic punctuation.