Selling a ground-floor leasehold flat with a shared garden

organised.retreat

Hello

We are selling our 1 bed flat in London. Going through the documents we have noticed that the rear garden is described in the lease as communal with the upstairs flat (we really should have checked when we moved in...).

However, the garden is only accessible via our flat. There is no door, steps etc from upstairs, the garden is enclosed on both sides by other properties (i.e no passages) and the area behind the garden is a parking area for commercial offices and is gated and locked during out-of-office hours.

My questions are therefore;

Since it is impractical for upstairs to gain access how should we go about explaining this to our potential buyer?
Is it possible to change the terms of the lease and how would this be achieved?
When the estate agent advertised the flat it was done so as a garden flat (not sure if it mentioned exclusive access) does this nullify the sale?
If it was deemed to be communal how would the upstairs flat go about getting access?

Any advice on any of the above questions would be gratefully received.

itsgototstop

Hi,

Not sure this is much help but I viewed a flat like yours a few years ago, garden flat, no other access to garden but shared with upstairs...

It was marketed as a garden flat and didn't see to put anyone off as for all intents and purposes (and price) it was sole use.

You can get a deed of variation on your lease but other leaseholders would have to agree.

itsgototstop

Could your neighbours upstairs ever put in stairs from their flat down to garden? Would cost and they would have to put in a door ( so pp and expensive)

organised.retreat

Hi - thanks for the response

It is conceivable that the upstairs flat could fit steps but this would entail knocking though a wall to fit a door and then building the steps. However this would be very expensive.

If that were to happen how would the garden be divided (if at all)? My concern would be that our bedroom (and kitchen) access/overlook the garden - it would not be ideal for someone else to be in the garden whilst we were in bed.

PasturesNew

organised.retreat wrote: »

It is conceivable that the upstairs flat could fit steps but this would entail knocking though a wall to fit a door and then building the steps. However this would be very expensive.

You see it like this because you wouldn't/couldn't. But it isn't inconceivable that somebody could move in upstairs who had family in the building game and got them a door on the cheap, with the stairs being made at cost only.

organised.retreat wrote: »

If that were to happen how would the garden be divided (if at all)? My concern would be that our bedroom (and kitchen) access/overlook the garden - it would not be ideal for someone else to be in the garden whilst we were in bed.

It wouldn't be divided. It would still be communal and if they were in the garden while you were in bed, that'd just be tough as it'd be their right to be in the garden.

It's unfortunate that the lease was written like that. But it is. Although if the mistake's been made on yours, maybe upstairs' says nothing of a garden at all!

itsgototstop

If you are selling, then I wouldn't worry too much, you just have to describe the garden as shared with no current access.

I've seen some London flats where they carve out 2 bits with fencing but most are communal as PN says.