Does this mean I'd own the loft space?

Mantis_Toboggan

Hi, I'm in the process of buying a flat, it's a top floor flat in a purpose built block that has 12 flats in total (3 stories) and I want to know if I'd own the space in the loft, both my solicitor and the seller's solicitor say that I would, but I'm not 100% sure.

I don't have any intentions of converting it into a room or anything like that, I just want to use it for storage, maybe board it up eventually. The only way to access it is through a hatch in the flat.

This is what the leasehold says, there is another clause indicating that the freeholder is responsible for maintaining and repairing the roof and roof structure:

IN CONSIDERATION of the Premium paid by the Lessee to the Lessor (payment and receipt whereof is hereby acknowledged) and of the rents and covenants and provisions herein contained the Lessor with full title guarantee HEREBY DEMISES unto the Lessee the Premises as shown edged red on the Plan including:

(2)(As to premises on any other level(s)) the balcony where provided and (as to premises on the top floor) the roof and supporting structure situate above such premises

NameUnavailable

I'm not a solicitor but that sounds like the roofspace is demised to you. Why do you think it doesn't mean that?

jimbo6977

It looks like it.

Word of caution, my better half, before we were married, was in an very similar situation and applied for a grant to insulate the loft. The grant scheme refused to believe anyone in a flat could "own" the building's loft so refused the grant application. 

Mantis_Toboggan

NameUnavailable said:

I'm not a solicitor but that sounds like the roofspace is demised to you. Why do you think it doesn't mean that?

I'm a FTB and not from the UK, so because of the amount of things that I would have never even thought of asking but that I've have been told that actually need to be asked and just the whole leasehold concept in general has me second guessing everything, hahaha.


Also FTB anxiety.

canaldumidi

It would seem that yes, you'd own the roof space above your flat.

But more worryingly, you would also own the roof itself (ie the tiles) and supporting structure (ie beams holding up the tiles).

It is very unusual for a leaseholder to own the structural parts of the building ie walls and roof.

Does the lease also make you responsible the upkeep, maintenance, repair of the roof........?!!! There should be a section in the lease that states who is responsible for upkeep of what.

TripleH

Our old flat was the top floor flat in a block and we had loft space.

We used ours for storage as had the previous owner (he'd gotten carried away with the insulation), now access was only possible via our flat and the area was the size of our flat.

We had issues with the roof but they fell under the responsibility of the building as a whole and not just us.

Mantis_Toboggan

canaldumidi said:

It would seem that yes, you'd own the roof space above your flat.

But more worryingly, you would also own the roof itself (ie the tiles) and supporting structure (ie beams holding up the tiles).

It is very unusual for a leaseholder to own the structural parts of the building ie walls and roof.

Does the lease also make you responsible the upkeep, maintenance, repair of the roof........?!!! There should be a section in the lease that states who is responsible for upkeep of what.

That was my concern too but the lease clearly indicates that the responsibility for maintenance and repairs of the roof fall on the freeholder.

Grumpy_chap

Mantis_Toboggan said:

I want to know if I'd own the space in the loft, both my solicitor and the seller's solicitor say that I would, but I'm not 100% sure.

Why do you think the two Solicitors are incorrect?

The only way to fully answer the question is to seek clarity through your Solicitor, explain why you have doubts so that can be specifically clarified.

user1977

How much are you paying your solicitor for their advice which you don't believe?

jimbog

Mantis_Toboggan said:

 both my solicitor and the seller's solicitor say that I would, but I'm not 100% sure.

Ask the question to them by email and keep a copy of their reply in case it is disputed/you want to sue them later

ejury

We had this in our flat but we never used it. Just as well because the roof had a really bad leak and the property management company took months to sort it out!