Loft conversion not included in lease

fluffy_kittens2024

Emmia said:

fluffy_kittens2024 said:

unforeseen said:

Why would the conveyancing solicitor know about it in the first place? It's normally the buyer's job to inform their solicitor that the plans agree with the physical layout or not. 

Well it was the buyers solicitor who noticed it in this instance. So surely it should have been the same when I was the one buying. It was my first ever house purchase and I thought this is/was what you pay solicitors for. 

But, there is an element of you also needing to do some due diligence - your solicitor will never visit the property, so won't know that the floor plan in the title doesn't match the reality that you'd viewed... I.e. there's a whole loft conversion in addition to the area specified on the lease 

I know… first time buyer ignorance I guess. I actually found a PDF from my freeholder - a guide of sorts for leaseholders. In it they give two examples of wording in a lease, one which would indicate a loft space IS included in a lease, and another which would indicate when loft space ISNT included in a lease. My wording in fact exactly matches the example they give of a loft space being INCLUDED. I’ve sent this along to my solicitor. The fact that is says “external” walls is a bit worrying, but it literally matches word for word an example that my own freeholder gives of when a loft space IS included in a lease. 

 “It is hereby declared that one half of the depth of the joists between the floors of the upper maisonette and the ceilings of the lower maisonette and the external walls above this level and the roof are included in this demise”

SDLT_Geek

Now that you have found this, are you going to change the title of your post to “Loft conversion included in lease”?

Hoenir

fluffy_kittens2024 said:

unforeseen said:

Why would the conveyancing solicitor know about it in the first place? It's normally the buyer's job to inform their solicitor that the plans agree with the physical layout or not. 

Well it was the buyers solicitor who noticed it in this instance. 

The buyers solicitor has never viewed the property in person as a consequence that's highly unlikely. The buyer has probably reviewed what's been sent to them and responded to their solicitor accordingly. 

eddddy

Hoenir said:

fluffy_kittens2024 said:

unforeseen said:

Why would the conveyancing solicitor know about it in the first place? It's normally the buyer's job to inform their solicitor that the plans agree with the physical layout or not. 

Well it was the buyers solicitor who noticed it in this instance. 

The buyers solicitor has never viewed the property in person as a consequence that's highly unlikely. The buyer has probably reviewed what's been sent to them and responded to their solicitor accordingly. 

Not necessarily in this case.

It sounds like the buyer's solicitor has a copy of the consent to convert the loft - presumably provided by the seller's solicitor as part of the management pack / seller's documents.

So the buyer's solicitor would then check the lease to see if the loft is included.

fluffy_kittens2024 said:

...but it literally matches word for word an example that my own freeholder gives of when a loft space IS included in a lease. 

 “It is hereby declared that one half of the depth of the joists between the floors of the upper maisonette and the ceilings of the lower maisonette and the external walls above this level and the roof are included in this demise”

So it could be that the buyer's solicitor missed that clause.

Or it may be something more subtle - for example, the buyer's solicitor saw that clause, but the lease plan hasn't been updated to include the converted loft. (The original unconverted loft probably wouldn't be shown in the lease plan.)

So the buyer's solicitor wants the lease plan updated to specifically include the loft, for 100% clarity.