Breach of covenant - converted loft in leasehold flat

molerat

The big problem YOU have is selling the flat whilst in a dispute with the freeholder - how quickly do you want to sort this ?

Albermarle

How about saying this to the Freeholder.

The loft has little/no value as it can only be used for storage, which the flat already has plenty of.
However to close off the matter quickly you are prepared to offer £5K including any legal expenses.

Probably they will not accept, but you might get a lower counter offer than £20K.

ThisIsWeird

eddddy said:

ThisIsWeird said:

If this work was done before you bought the place, and you can evidence this, then all you should need to do is provide that evidence to the LH, and change the description in your sales partics. Return the access method to whatever it was when you bought it. Your FH cannot hold you responsible for work carried out by your predecessor - I'm nigh-on sure. But he can become upset if you are implying more about that loft than you are entitled to.

That's not really accurate.

If there is an ongoing breach of the lease, the current leaseholder is responsible for putting right the breach.

For example...

• If a hole has been cut in the ceiling to access the loft (by the current leaseholder or a previous leaseholder or anyone else) which is a breach of the lease, then the breach is continuing until the hole cut is undone.

• If the flat has had alterations (by the current leaseholder or a previous leaseholder or anyone else) without the required freeholder consent, in order to access the loft - the breach is continuing until the alterations are undone, or consent is obtained.

ThisIsWeird said

Anyone viewing can make their own judgement on the usefulness of the loft space, but the EA should make it clear to them that you only used it for storage. 

There is no suggestion by the OP that the leaseholder has the right to use the loft for storage.

Most leases wouldn't allow that.

ThisIsWeird said:

If the former, how was it referred to in your vendor's sales particulars? Do you still have a copy? Check Zoopla for this if not.

I'm not sure what you're getting at here. Are you suggesting that the OP make a claim for misrepresentation against the EA or seller? 

I think that would be a tough fight. Solicitors generally advise buyers of the importance of checking lease plans before they buy. 

I did assume one or two wee things, which I think were perfectly reasonable to assume. One being that there was always an accessible loft in this building - almost certainly there was - and another that any boarding-out was done by the previous owner.

So, what's the 'breach'? The existing loft has been boarded out and lined? I wonder if the deeds say, "Thou shalt not board out the loft"?

Ok, the OP stored stuff up there - naughty, but big deal. If that was a breach, it stopped when they removed the items.

It surely only becomes murky if either the previous owner, or the OP themselves, are trying to suggest something more about this loft than they are entitled to? So stop doing that, and the 'breach' ends.

Whatever access was originally there, restore it to that. I suspect it was a hatch - always there, from when the house was built, and a stepladder required in order to gain access. The OP should restore it to that, and leave any mention of this 'loft' out of their selling partics.

If the OP paid a premium when they bought the flat thinking that they had a useable 'loft' space, then that was their error.

A step back needs to be taken; prove to the FH that the loft had been like this before the time of purchase, and assure them the hatch will be closed, and no mention of it made.  The FH would have to be an 'ole to take this further, certainly to try and hold the OP to account. For what? What would the actual 'breach' be? Floorboards?

(No, I wasn't making any suggestion that the OP would have any claim against the previous owner of EA. I was just asking the OP if any mention was made of this loft when they bought. A 'mention' would prove that the work had been done before the OP moved in.)