Loft conversion/lease issue

zakizzy25

Hi 
I want to buy a top floor house conversion my problem seems to be quite an issue
this loft conversion was done over 20 years ago I have seen the building reg and permission to build 
Which was sent to my solicitor 
the lease says the roof of the building together with the structure Therof so far as the same constitutes the roof of the flat
there is no other mention in the lease as to the loft 
the conversion was done many years after this lease was made
my question is should there have been a new lease at the time of the conversion 
Or at least an amendment to the lease?
and is this sufficient to show I own the loft?
this is now with my mortgage lender and I fear this information is ambiguous to say the least
hope some wise sole here will enlighten me please

propertyrental

If the lease you've been sent does not accurately and fully identify the parts of the building that you believe you should, or wish to, own, then clearly you should not buy that lease.

Make clear to your solicitor the discrepancy between what you viewed and wish to buy, and the lease you've been sent.

Remember, your solicitor has not visited the building so has no idea of any of this unless you tell him!

Have you also seen the Land Registry leasehold title? And how may titles are listed at the LR for that building? There should usually be 1 freehold title, and one leasehold for each flat. From your descripting it sounds like there were originally 2 flats yes? Then a 3rd (which you wish to buy) was added, so there should be 3 leasehold titles, plus the freehold, logged with the LR. Correct?

You can check at the LR - I'd advise buying the titles (£3 each) and plans (£3 each) for all the leaseholds and the freehold.to give you a full picture.

https://search-property-information.service.gov.uk/?_ga=2.227252893.1011285419.1624257816-2123334908.1623227908

gwynlas

You do not seem to have any proof that the loft space was demised to the flat or that whoever ordered the conversion had the  freeholders permission to do so. A lot depends on whether it is simply a house divided into two flats with you and downstairs neighbour owning joint freehold in which case you can agree new leases and leaseholder responsibilities between you or whether this flat forms part of a larger block with multiple leaseholders either with or without shares of freehold.

zakizzy25

Hi it was originally one big house converted into 2 flats with a share of the freehold
the top flat is the one I want to buy and there lies the problem the loft conversion was done in 1989
and the lease only mentioned  that the top flat owns the roof no mention of the loft conversion all there is 
Concerning this loft conversion is when it was applied for and approved 
why are these things so complicated 

subjecttocontract

Surely your solicitor will advise you if everything is in order or not. If it's not in order they should tell you what's is needed. Have you asked the solicitor acting for you ?

zakizzy25

Hi 
yes as he seems confident that it’s sufficient this is the 1st time I have decided to move in over 20 years and just wanted to downsize 
I trust my solicitor but still can’t help feeling there should be something more substantial than what I have 

subjecttocontract

You tell us there are documents that show:
* The roof & it's structure are part of the top flat.....so reasonable to assume that includes the loft space.
* Permission for conversion was granted.
* Building Regs approved.
* You own a share of the freehold.
* Your solicitor says it's all ok.
I don't see a problem.......but I'm not a solicitor.

eddddy

So you've explained to your solicitor that...

• You are buying a first floor flat
• A leaseholder converted the loft 20 years ago, to add another storey to the flat

... and your solicitor is happy with the lease on that basis.  If that's the case, you probably don't have to worry too much.


However, the key things that your solicitor should be checking are...

• The lease states that roof space is included as part of the first floor flat
• There is written consent from the freeholder for the loft conversion (as most leases require consent for alterations).

(With many leases, if the roof was altered during the conversion, there might be issues about who is responsible for maintaining and repairing the altered roof. But it sounds like your lease makes you responsible for the roof anyway - so that might be irrelevant.)

propertyrental

There is a differece between 'the roof' and ownership /repairing obligations etc, and 'the roof space' which is different.

Grumpy_chap

subjecttocontract said:

Surely your solicitor will advise you if everything is in order or not. If it's not in order they should tell you what's is needed. Have you asked the solicitor acting for you ?

subjecttocontract said:

* Your solicitor says it's all ok.
I don't see a problem.......but I'm not a solicitor.

The Solicitor has not seen the property and will not be aware that the deeds are written to say "top floor flat plus roof space" but there is no longer any roof space as that has been incorporated into the flat as living space by the loft conversion.

This needs to be pointed out to the Solicitor as a discrepancy between the deeds and the current reality.  Absolutely pointed out in very plain terms.  

If the Solicitor still says it is OK, then it probably is.

zakizzy25

Hi thanks to everyone who has answered 
the flat owner downstairs has been there for years he says he signed something years ago to do with the loft conversion 
 unfortunately my seller or he doesn’t have that information now
my hope is that this lease is sufficient to my mortgage lender very small mortgage but mortgage all the same my solicitor thinks it is
 I will just have to wait and see 
is it possible that if this is accepted by my mortgage lender can I still apply for a deed of variation /rectification in the future?
I would feel much happier with something more concrete than I have at this time