Do I own the loft?

Collapse
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

    Do I own the loft?

    Hi all,

    Appreciate this is an age old question, but in the process of purchasing a leasehold flat and there is a dispute over the loft. I would own the upper maisonette.

    The lease states the upper flat including:
    A - The main structural walls thereof at first floor level
    B - The floors and joists supporting them
    C - the ceilings
    D - the windows window frames and doors
    E - the roof of the building

    How probably is it from E that I own the loft?

    #2
    Well you own the ceiling below the loft and the roof above the loft, so it stand to reason that you don't own the loft.

    Comment


      #3
      Hi, just to be clear, do you mean do as opposed to don't?

      Comment


        #4
        Have you read this thread? https://forums.landlordzone.co.uk/fo...-in-the-lease=

        Comment


          #5
          Hi Lawcruncher,

          No I haven't read it before, thank you for sending on. If I read this correctly it implies that I would own the lease. The loft is indeed only accessible from the first floor flat. The plan I have been sent on the deeds shows the start of the boundary at the start of the steps to the flat.

          And this line as well: In summary, if the lease is silent, the property is of standard construction and the loft is accessible only from the flat a landlord is going to be hard pressed to argue it is not included.

          Comment


            #6
            Evening all,

            As per my previous post I have purchased a flat and am in dispute over who owns the loft space. Based upon advice from the LAS and Lawcruncher I am near certain it belongs to my flat.

            What is the best way to take this to court or FTT?

            Comment


              #7
              Do you have written advice from LEASE ?

              If so, you could visit your local Magistrates Court and show proof to the Court manager and ask if the Court can confirm "the loft space has been demised with the flat".

              Comment


                #8
                Originally posted by nomadiclord View Post
                Evening all,

                As per my previous post .....................
                Please continue in that thread!!!!Not a new one, please?

                I am legally unqualified: If you need to rely on advice check it with a suitable authority - eg a solicitor specialising in landlord/tenant law...

                Comment


                  #9
                  Originally posted by nomadiclord View Post
                  Evening all,

                  As per my previous post I have purchased a flat and am in dispute over who owns the loft space. Based upon advice from the LAS and Lawcruncher I am near certain it belongs to my flat.

                  What is the best way to take this to court or FTT?
                  What form does the dispute take? Is it "Oh yes I do - Oh no you don't" or are lawyers involved? Before you think of issuing proceedings of any sort you need to draw the landlord's attenton to the relevant legislation and cases. A sensible landlord who realises his tenant is up to speed on the law and that the law is on his side will back off.

                  Comment


                    #10
                    Originally posted by nomadiclord View Post
                    Hi all,

                    E - the roof of the building
                    How probably is it from E that I own the loft?
                    I certainly would not buy a leasehold flat if it is your responsibility to maintain / replace the roof.
                    Come replacement, do you have £ 40,000 to £ 80,000 in the bank.
                    For leaks, do you have the money for scaffolding, and the rest of the work.

                    A roof keeps the rain out of all flats, not just yours.

                    Where do you think an access hatch SHOULD be positioned to access the loft, for inspections, / repair ?
                    On the ground floor ?
                    Have a door at the top of the building, on the outside, with yale type lock, and scaffolding erected when access is needed ?

                    No, a hatch goes in the uppermost flat.as that's where they go.
                    And that does NOT mean you own the demise of the loft space either.

                    Your lease CLEARLY states, only those parts that are your "demise".
                    It does not say the interior of the loft is yours.nor have a floor plan of the loft, outlined in red like you have for the floor area of you flat.
                    As I always say, your lease does not itemise everything you do not own. otherwise what you don't own would run to scores of pages.

                    O.K, the lease states freeholder is responsible for items outside you flat, such as driveways, garden walls, outside brickwork, etc.

                    Even if the loft space was yours, you still need permission from the freeholder to convert it, board it, add waterpieps, electrics etc etc.
                    also, the joists in the loft are usually not as strong as in the flats, as the roof space was / is not, usually not, most certainly not strong enough to bear any weight other than just tieing the 4 walls together at the top.

                    Have fun going to court to prove your lease actually states in writing that the area of the loft is demised to you, with proof of a floor plan outlined in red,- just like your flat is so marked in red.







                    Comment


                      #11
                      Originally posted by Logical.Lean View Post
                      Well you own the ceiling below the loft and the roof above the loft, so it stand to reason that you don't own the loft.
                      It is really important to appreciate that when reading any conveyancing document you must consider the possible effect of section 62 of the Law of Property Act 1925. Several things can be said about this section:

                      · It has been in force since 1st January 1926 and since then no parliament has seen fit to amend it by even one word.
                      · The effect of the section can be wide ranging and produce unexpected results.
                      · It is a word saving section which means that its provisions have to be read into every conveyancing document except to the extent that they are excluded.
                      · Conveyancers do not always have the section in mind when drafting conveyancing documents.

                      Even without the section, if a document says that something is included that does not say anything about what is not included. Bring in the section and whatever is in the section will be included unless and to the extent that the terms of the document exclude it.

                      A well-drafted lease of a flat will not only say what is included but set out what is excluded. If the roof space of a top floor flat is not expressly excluded and there is no indication in the lease that the intention was to exclude it, for example by granting the tenant rights over it, then a landlord is going to be in difficulty persuading a court that it is excluded if at the time the lease was granted the tenant had exclusive access to it.

                      Comment

                      Latest Activity

                      Collapse

                      Working...
                      X