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Does the lease include the loft space?

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  • Does the lease include the loft space?

    Hello Homemove!

    I am looking at a 1st floor flat (period maisonette, 2 flats - grd floor and 1st floor), and would like to understand whether the lease includes access to loft space before I put an offer in. (I ordered the lease from Land registry)

    The relevant part (I think) is:

    The lessor hereby demises unto the tenant ALL THAT the first floor flat including all staircases leading thereto forming part of the building shortly known as 77 and 79 Franciscan Road Tooting aforesaid (including one half part in depth of the joists between the floors of the flat and the ceiling of the flat below it the internal and external walls of the flat above the same level and the roof of the said building so far as the same constitutes the roof of the flat) all which first floor is edged red on the plan annexed hereto of the flat) TOGETHER with its ground floor entrance forecourt of a width of approximately 3 feet being situate at the extreme north west corner of the building coloured green on the said plan AND together with the use of all fixtures and fittings in the flat and TOGETHER with a) All such rights of access to and entry upon other parts of the building and other flats in the Building as are necessary for the proper performance of the tenant’s obligations hereunder the Tenant making good all damage occasioned by the exercise of such rights.

    The plan referred to is just the aerial top down shot of the area showing the outline of the building.

    Can anyone help?

    Thanks,
    Ed

  • #2
    Re: Does the lease include the loft space?

    Unless there is something else in the lease that would suggest a contrary view I would say that from the wording quoted the roof and roof space above the flat is definitely included in the leased area.
    RICHARD WEBSTERwww.rwco.co.uk
    As a conveyancing solicitor I want to be helpful (England/Wales only) but can't accept liability for this.

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    • #3
      Re: Does the lease include the loft space?

      Many thanks for your reply Richard.

      That is both potentially exciting, and does lead me to have another question if possible:

      I am pretty certain from reading remaining lease, there is no other clause which would have any bearing on the roof space/roof.

      As a general question when a flat does extend into the loft space, how is is the roof maintenance typically shared, as the upper flat will generally put in skylights, but the rest of the exterior roof is generally untouched by the extension.

      The lease explicitly states that the leasholder will have to pay on demand one half of the cost for repairs to amongst other things the roof which is common to the demised premises and the remainder of the building.

      I understand that when the lease includes loft space, the leaseholder needs to inform the freeholder of alterations, but that they cannot unreasonably refuse, so how do you approach on things such as roof maintenance when you have altered it.

      Many thanks again for any assistance,
      Ed

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      • #4
        Re: Does the lease include the loft space?

        We are getting into too much detail here and you really need to take your own solicitor's advice on the lease. There are too many things that would need to be looked informing a view about this kind of thing.

        Also getting a legal opinion on this kind of thing is all very well, but not much help if the freeholder doesn't agree with it. He may well be wrong, but the cost of proving he is wrong could often be considerably more than any extra cost he asks you to pay!
        RICHARD WEBSTERwww.rwco.co.uk
        As a conveyancing solicitor I want to be helpful (England/Wales only) but can't accept liability for this.

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        • #5
          Re: Does the lease include the loft space?

          Thanks again, and apologies if it was getting into details.

          I thought it may have been fairly common, as would imagine

          roof maintenance generally shared as part of exterior; and

          where upper flat has right to loft, the freeholder cannot unreasonable object to alterations,

          but of course if he didn't want you to extend, then they would/could be difficult about future maintenance.

          Equally, even if landlord happy for any leaseholder to extend, how is roof maintenance typically agreed post extension - still shared except for area directly around skylights?(as can't see other flats wanting to take on risk around those repairs if they are leaking!!)

          Don't worry if you can't/don't want to answer, these are just my thoughts around this. I haven't put the offer in on the specific place I am looking at, and suppose I'm just trying to second guess where potential problems & negotiating areas are around this!

          Many thanks again for earlier input.

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