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Lease advice on loft ownership
16 replies
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naomi_adams
Forumite 5 posts
I’m considering buying a one bedroom
leasehold flat in London - the top floor of a house split into two flats. An individual owns the freehold and the downstairs flat is also leasehold.
The EA and owner have advertised the property as having a loft and have advised me that that loft is demised to my flat but after reading the lease I can’t see that the loft space is specifically referred too. It is important as I want to convert the loft space eventually to give me more space. There is a floor plan including the garden but the floor plan does not include the loft.
The lease has a clause about getting permission from the freeholder about building works / alterations etc but they can’t unreasonably withold consent. I understand from research that is the case with all freehold properties and we may have to pay the freeholder to sign planning consent possibly based on the ‘uplift in property value’.
The lease holders have to jointly pay for repairs to the roof and foundations.
The description of the premises has this clause:
“The ceiling and floors (including any stairs or steps in or on the the Premises) except in the case of any floor or ceiling dividing the Premises from the other flat such main beams girders or joists are included in the Premises as far only as the medial plane thereof and any and every such main beam girder or joist is hereby declared to be a party structure”
Does any of this indicate to anyone more versed in this than me that the loft is mine or is it more likely to be the freeholders as there is no specific reference?
leasehold flat in London - the top floor of a house split into two flats. An individual owns the freehold and the downstairs flat is also leasehold.
The EA and owner have advertised the property as having a loft and have advised me that that loft is demised to my flat but after reading the lease I can’t see that the loft space is specifically referred too. It is important as I want to convert the loft space eventually to give me more space. There is a floor plan including the garden but the floor plan does not include the loft.
The lease has a clause about getting permission from the freeholder about building works / alterations etc but they can’t unreasonably withold consent. I understand from research that is the case with all freehold properties and we may have to pay the freeholder to sign planning consent possibly based on the ‘uplift in property value’.
The lease holders have to jointly pay for repairs to the roof and foundations.
The description of the premises has this clause:
“The ceiling and floors (including any stairs or steps in or on the the Premises) except in the case of any floor or ceiling dividing the Premises from the other flat such main beams girders or joists are included in the Premises as far only as the medial plane thereof and any and every such main beam girder or joist is hereby declared to be a party structure”
Does any of this indicate to anyone more versed in this than me that the loft is mine or is it more likely to be the freeholders as there is no specific reference?
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Replies
1) all walls enclosing the Premises
2) doors including frames
3) windows inc. glass and frames
4) ceilings and floors (as detailed above)
5) gas central water sanitary etc
6) all pipes and wires in the premises
7) garden as per plan (garden is split in half)
It sounds like you will not be able to conduct any development into the loft space without permission from the freeholder and that you will need to negotiate with them over the terms of your lease. You will need a deed of variation to be signed to allow you to go ahead and other parties may insist on payment for this. Not a lot you can do about it.
Your problem is that your lease is silent on what should happen with the loft. This means it can of course argue a case either side. In my former property no one could access the loft unless they came through my flat, but of course people can argue that does not make it clear who owned it.
It would be best solved by mutual agreement unless you want to pay lots of legal fees.
missing something given the views of the vendor and the EA!
As you suggested the EA advised this could be negotiated with the freeholder further (clearly defining who owns loft space and seeking permission for alterations) via my solicitor during the conveyancing process but I am now wondering if it is worth proceeding with the purchase at all given I definitely want a property I can extend after a few years...
The freeholder may or may not wish to sell you the loft.
Th only bit of the lease that you've quoted that seems relevant is: That sems pretty conclusive unless there is something written elsewhere.
via a small hatch. It’s not being used at present as the flat is being sold empty. There is nothing linked to the downstairs flat such as water tanks etc in the loft.
Another EA previously mentioned to us that often old leases (this is from the 80s) don’t make mention of the loft space as part of the demise as it wasn’t deemed that useable or valuable when the lease was drawn up.
Anyway it seems that the loft is not defined as part of the premises so I think I will make some further enquiries with the freeholder if possible.
Thanks to everyone who took time to
reply!