Who owns the loft space

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    Who owns the loft space

    The property is a maisonette in a house. I live in the top property and have sole access the the loft which I store most of my things there. The freehold advise that it is my responsibility to maintain the roof. I have looked at my lease and it does not give any information about the loft or give any indication of who should repair the roof. As the freeholder had said in writing she is not responsible for repairing the roof or the loft space does that mean I own the loft space?

    #2
    Probably, in my view. However, you lease it and would need to have Freeholder permission to do anything.

    Comment


      #3
      Under the leasehold property system, the entire building is owned by the freeholder and leaseholders are long term rental tenants. Leases are usually written to make leaseholders pay for maintenance of the building .

      The site plan for your flat , registered at Land Registry will show the demised area of your flat.

      If it shows the loft area is part of your demised area , then its yours under the lease for your flat. .

      Comment


        #4
        Originally posted by Tina2019 View Post
        The property is a maisonette in a house. I live in the top property and have sole access the the loft which I store most of my things there. The freehold advise that it is my responsibility to maintain the roof. I have looked at my lease and it does not give any information about the loft or give any indication of who should repair the roof.
        Please read this thread: https://forums.landlordzone.co.uk/fo...-in-the-lease=

        Originally posted by Tina2019 View Post
        As the freeholder had said in writing she is not responsible for repairing the roof or the loft space does that mean I own the loft space?
        No. Whether the loft space is included in your lease does not depend on what anyone says, but on what the lease says and all the other things mentioned in the above thread.

        Comment


          #5
          I also said that the lease does not say who is responsible for the repairs of the roof or loft. The Freeholder said in writing they were not responsible for the repairs of the roof but I was. but this is not in the lease.

          Comment


            #6
            Does Section 62 of the Property Act come to play on this. The only access to the loft is through my property and I have been storing things there for years so am I trespassing?

            Comment


              #7
              Tina, See lawcruncher's post in conveyancing section

              Comment


                #8
                You need it clarified with the freeholder, just because you have the access does not make it yours, despite what some will tell you.
                This will always give problem when you come to sell as any competent solicitor will pick it up and unfortunately you face a double edged sword as you may also end up taking responsibility for the roof ( though if you want to do a loft conversion this could be to your advantage).
                I suggest you ask the Freeholder if you can have a Deed of Variation to clarify the position, you will probably have to pay the legal costs.

                Comment

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