staircase issue

t45

Trying to clarify and confirm the ownership of the flight of stairs from and beyond the 1st floor to our property in a building. From my understanding of the wording in the lease, I believe that this staircase is not the ‘common staircase’ but belongs to my flat.
The lease/deed states 2 points that may be relevant:

• ‘IN CONSIDERATION of the sum of ??? now paid by the Tenant to the Landlord (the receipt of which the Landlord hereby acknowledges) and of the rent hereby reserved and the covenants herein contained the Landlord demises unto the Tenant ALL THAT flat known as Flat Number * ADDRESS aforesaid situate on the second floor of the Building and including the staircase on the first floor of the Building….’

• ‘Not at any time during the term to obstruct in any way the common staircase leading from the ground floor to the first floor of the building….’ (to me this suggests that the common staircase stops at the first floor)

Does anybody have any advice on this?


Thank you

Comms69

Ownership isn’t yours regardless as this is clearly a lease; whether it’s as a tenant or a ‘leaseholder’ - the distinction isn’t as useful in this case.

As it refers to a landlord rather than freeholder I’ll assume it’s the first.

So this suggests it’s a trespass issue?

jonnygee2

Does anybody have any advice on this?

Well, pretty clear the staircase is part of your leased property. I'm not a contract expert but the words 'including the staircase' are a definite giveaway.

What's the actual issue?

G_M

I assume this is a lease? Not a tenancy? But please confirm.


And I assume there is a Plan attached to the lease? What does it show please?

Tom99

[FONT=Verdana, sans-serif]I have known similar where there is only one 2nd floor flat. I that case the front door to the 2nd floor flat was on the 1st floor landing.[/FONT]
[FONT=Verdana, sans-serif]Is there a lease plan showing both the demise of the flat and a separately shaded area for the common part over which you have rights?[/FONT]