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Balcony not demised to flat
Comments
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The balcony isn’t mentioned in the lease at all and the landlord has stated that they will not consider putting a clause into the lease for us to use the balcony.0
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The lease doesn’t mention the balcony at all and when asked the landlord has stated they will not change the lease for us to have use of the balcony. I think next door are in the same position although they are unaware of the issue.0
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Hello, what did you decide to do? Did you buy the flat, and did the balcony remain not demised to the flat?0
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It isn't an unusual situation. The balcony will be considered part of the main structure of the building. If repairs are required in future to the wall the balcony attaches to having control of the balcony makes undertaking repairs far easier.
As long as you have rights of access and use it it shouldn't be an issue.0 -
possibly the freeholder has retained title because it makes it easier for them when it comes to building maintenance since it is after all external fabric of the building.
Removes the extra admin of getting permission through the leasehold ?0 -
Zombie thread alert!2
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Just a thought, the balcony might be a fire escape from flats (can you easily get onto next door's balcony?).We had a flat with a balcony that was a walkway to use in case of fire to escape, which may be why you cannot own the balcony.I'd be more concerned about access rights than not owning it though as you need to know the rules around access through your property.May you find your sister soon Helli.
Sleep well.0
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