Question regarding demise in the lease

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    Question regarding demise in the lease

    Hi,

    I am in conversation with my freeholder over converting the loft of my upper floor flat. We both agree that I own the loft space/void however the freeholder states that they own the roof and want to sell that demise to me in order to extend. They are not divulging any info into how they reach this decision other than saying that because the first floor joists are not included, the roof won’t be (I don’t think that’s relevant)

    I’m not sure where to go from here if we both disagree.

    The relevant parts of the lease are below:
    1. The Lessor is the owner in fee simple of the land and building (hereinafter called “the building”) known as xxx consisting of two flats
    2. The Lessor intends to grant a lease of the lower flat in the …
    3. The Lessor has agreed to grant and the Lessee has agreed to take a lease of the upper flat comprised in the building such upper flat being known as or intended to be known as xxx aforesaid

    Now this lease made in consideration …
    1. The Lessor hereby demises unto the Lessee all that flat situated on the upper floor of the said building and known as xxx aforesaid which said flat is for the purpose of identification only more particularly delineated on the plan annexed hereto and thereon edged red together with the garden area shown coloured green on the plan all which premises are hereinafter referred to as “the demised premises” and this demise shall include all the part of the building above the level of but excluding the first floor joists together with the staircases leading thereto

    A lot further down in section 4 (we both agree that this is purely for maintenance but it is the only specific mention of the roof in the whole document)

    It is hereby declared as follows
    1. That the drains foundations roof roof timbers roof void guttering and all the fences separating the demised premises from the adjoining premises and the wall of the building shall be deemed to be party structures and to be maintained and repaired at the joint expense of the Lessee and the tenants occupiers or owners for the time being of the lower flat

    #2
    Originally posted by PatrickH View Post
    We both agree that I own the loft space/void however the freeholder states that they own the roof and want to sell that demise to me in order to extend.

    That the drains foundations roof roof timbers roof voidguttering and all the fences separating the demised premises from the adjoining premises and the wall of the building shall be deemed to be party structures and to be maintained and repaired at the joint expense of the Lessee and the tenants occupiers or owners for the time being of the lower flat ]
    The above seems to me to say the roof, the roof timbers AND the roof void is a joint expense? I.e. Not demised to one flat. How come it's agreed you hold the void (other than by default of not holding it in the wording of the lease?).

    You would not hold the roof structure under lease.

    There's a lot of info via google on loft conversions and leases. Whether you do hold the void it isn't much use if you can't alter the space, fit dormers etc without a licence, and changing the use to residential changes the value of the lease so that's why freeholders expect to 'sell' the rights to you to do it.

    But I'm no lawyer. You probably need one.
    Do not read my offerings, based purely on my research or experience as a lessee, as legal advice. If you need legal advice please see a solicitor.

    Comment


      #3
      I guess the question is does the “all parts of the building above the first floor joists” define the demise or does the value you mention regarding maintenance overwrite parts of that (ie the roof)

      Comment

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