Does this mean I'd own the loft space?

NameUnavailable

Mantis_Toboggan said:

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.

Don't confuse responsibility for maintenance/repairs with responsibility for cost. Any maintenance to the fabric of the building will be the freeholders responsibility but the costs are charged to the leaseholders.

Ditzy_Mitzy

It's not that unusual.  I've lived in a leasehold maisonette with a loft, which was demised to me under the lease.  Maintenance of the fabric of the building was the freeholder's responsibility, meaning that I looked after everything else.  Had there been a leak or similar, the freeholder would have needed to repair it.  It was useful for storage but I didn't use the area much, the access was over the staircase and I didn't trust it from a safety perspective as sole occupier.  

robatwork

Mantis_Toboggan said:

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

I'm no lawyer. This says in fairly plain English that you lease the roof and supporting structure. 

You say there's another term that says the responsibility for maintenance and repairs of the roof fall on the freeholder.

That to my simple mind is something of a contradiction so for complete peace of mind you should as suggested email your solicitor to get them to say in writing you are NOT responsible solely for maintenance of the roof. Just to have it in writing.

If your balcony barrier breaks, who is responsible to fix it?