We'd like to remind Forumites to please avoid political debate on the Forum... Read More »
PLEASE READ BEFORE POSTING: Hello Forumites! In order to help keep the Forum a useful, safe and friendly place for our users, discussions around non-MoneySaving matters are not permitted per the Forum rules. While we understand that mentioning house prices may sometimes be relevant to a user's specific MoneySaving situation, we ask that you please avoid veering into broad, general debates about the market, the economy and politics, as these can unfortunately lead to abusive or hateful behaviour. Threads that are found to have derailed into wider discussions may be removed. Users who repeatedly disregard this may have their Forum account banned. Please also avoid posting personally identifiable information, including links to your own online property listing which may reveal your address. Thank you for your understanding.
We're aware that some users are experiencing technical issues which the team are working to resolve. See the Community Noticeboard for more info. Thank you for your patience.
📨 Have you signed up to the Forum's new Email Digest yet? Get a selection of trending threads sent straight to your inbox daily, weekly or monthly!
Flat Sale - Demise of Loft
Options
mtuk100100
Posts: 2 Newbie
HI all. I own a leasehold flat on the upper floor in house converted into 2 flats. I also own the freehold title for the whole building. I am now trying to sell my leasehold flat which has exclusive access to the loft. My buyer wishes to convert the loft but it turns out the the loft is not specifically demised to upper flat and their solicitor has asked that, as Freehold owner, I register a Deed of Variation to demise loft to the upper flat which I am happy to do. However, I'm unclear if I need permission from the owner of the ground floor flat as I believe that there is reference in their lease to access to the loft. The owners of the downstairs flat have no reason to access to loft and assume that it demised to the upper flat. Any advice appreciated. Martin
0
Comments
-
If the downstairs flat have use of the loft, you will need to agree something with them. Do they, for example, have a water tank up there?No reliance should be placed on the above! Absolutely none, do you hear?1
-
Are you retaining the freehold or selling it with your lease?0
-
Downstairs flat has no need to access loft which is only accessible from upstairs flat. When the original lease was granted (25+ years ago), there may have been a shared water tank but that was removed a long time ago.
I'm planning to give share of freehold to each flat on completion of sale as I no longer require it. Thus, both flats have an incentive to work with me!
0 -
mtuk100100 said:However, I'm unclear if I need permission from the owner of the ground floor flat as I believe that there is reference in their lease to access to the loft.
That sounds like it could potentially be a big problem - or even a stopper.
If the ground floor leaseholder's lease gives them the right to access the loft - you'd probably need them to agree to a lease variation, to remove that right of access.
The ground floor leaseholder might refuse. Or if they're a bit more savvy, they might think...
"A loft conversion would increase the value of the first floor flat by x thousand pounds. They can't do it unless I agree to a lease variation. So how much money do I want in order to agree to that lease variation?"
On the other hand, if the ground floor leaseholder is a bit less savvy, you might get away with just offering them a share of freehold, in return for the lease variation.
2
Confirm your email address to Create Threads and Reply
Categories
- All Categories
- 350.9K Banking & Borrowing
- 253.1K Reduce Debt & Boost Income
- 453.5K Spending & Discounts
- 243.9K Work, Benefits & Business
- 598.8K Mortgages, Homes & Bills
- 176.9K Life & Family
- 257.2K Travel & Transport
- 1.5M Hobbies & Leisure
- 16.1K Discuss & Feedback
- 37.6K Read-Only Boards