Final query on leasehold flat....is this acceptable?

spark38

Hi there, Im a very close to exchange on a flat I have made an offer on but there is one last sticking point which I'd appreciate any advice/opinions on. 

The lease describes the premises as 'the premises comprises of the Flat (hereinafter called "the premises") being on the first floor of the Building together with the roof terrace and the roof space above the flat and the timbers thereto as the same as edge red on the plan annexed hereto including the floorboards and joists supporting the floor but excluding the ceiling of the Ground Floor Flat and including the ceiling of the premises and the floor joists above it and one half part in width of all the walls of the premises which adjoin other buildings and the whole both internally and externally including all windows and the glass therein if those parts of the walls'

The previous owners converted the roof space but did not update the lease. My solicitor is not completely happy as the lease does not describe that the roof space can be converted into a habitable space (there is supporting building regulations for the conversion) and has suggested a deed of variation however the sellers solicitor is arguing that the roof space is included and therefore can be used however required. I am aware that the variation can take some time so wondering if I should just go with it and what issues that may give me in the future. 

I also want to change the windows at some point but sounds like if I do that I'd have to just change the glass but if I want to change the frames, I'd need freeholders consent? 

Thanks! 

Racky_Roo

The previous owners can't just update the lease, they have to get permission from the freeholder. Did they get permission from the freeholder to covert the roof space? If not, they need to get agreement then the lease can up updated.

Yes, you will need permission to change the window frames but as long as you propose something similar to what you have, no reasonable freeholder will say no

davidmcn

spark38 said:

the sellers solicitor is arguing that the roof space is included and therefore can be used however required.

Yes, that makes more sense. If it includes the roof space then it includes the roof space, no matter what it is being used for. Unless there is something else you haven't quoted which contradicts that?

greatcrested

"being on the first floor of the Building together with the roof terrace and the roof space above the flat " seems pretty clear. The lease does not need to describe what each area comprised in the lease is used for. The roof space is part of the flat (just as the kitchen is) and can be used how you like (subject to H&S, Building Regs etc).

BernieW

spark38 said: The previous owners converted the roof space 

The telling word here, in my opinion, is "converted" ... which implies they carried out works of some sort to change the use of the loft from storage to a living area. Now, if they did that conversion without changing the structure of the building (e.g. a loft ladder) then there's probably not much of a problem, as the works can be undone quite easily if/when the freeholder objects.
On the other hand, if a proper staircase and/or larger loft hatch was installed, then that might be trickier to remedy and ... if the freeholder objects he might pursue the breach of the terms of the lease - which will include "not to cut maim or otherwise alter" the structure of the Building.
I suggest you get the seller to remedy the breach prior to purchasing.