Understanding a lease

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

    #16
    I was thinking that converting the roof space into a room does not require a licence for erecting or placing additional building on the demised premises.

    Can the loft space be converted to a room without making alterations to the plan or to load bearing walls and timbers ?
    If you can do modification within the roof space without altering the load bearing walls , maybe it can avoid getting licence from the freeholder.

    Comment


      #17
      That's really interesting. How about putting in a staircase

      Comment


        #18
        Aside from getting consent from the freeholder to build in the loft, the neighbors downstairs said they would not allow any scaffolding to be put on their land. They own the front, side and back gardens, which is in their lease, it is not shared so I guess it would be classed as trespassing.

        Is there a law that says scaffolding can be put in a neighbors garden.

        Is there a way of doing a loft room from inside only and no need for scaffolding

        Comment


          #19
          Originally posted by Pattyb View Post
          Is there a law that says scaffolding can be put in a neighbors garden.
          The Access to Neighbouring Land Act 1992 allows you to apply to the court for access rights, but only for carrying out repairs and not for carrying out improvements.

          Comment


            #20
            You need to check ur lease to see what it says around performing alterations and needing to access ur neighbours demise. My lease allows me to access my downstairs neighbour garden to perform repairs and alterations, providing that I give her sufficient notice and I carry out the works at reasonable time during the day. My lease also states that she is not entitled to any compensation.

            Comment


              #21
              Yes, the lease also says access for repairs and alterations.

              Now the question is, is building a loft room is classed as an alteration or improvements.

              Lawcruncher said improvements are not permissible.

              Lawcruncher (or anyone) can you clarify

              TIA

              Comment


                #22
                Lawcruncher's point related to the specific law he quoted, which is not related to a lease or its terms.
                It is to ensure that repairs can be carried out even if the neighbours object.

                Building a loft room would be an improvement under that regulation and would not support getting a court to order the neighbours to comply.
                When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
                Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

                Comment


                  #23
                  Pattyb, I am in the same boat as u (currently waiting on freeholders consent to proceed with loft conversion). Both the back and front gardens are demised to the ground floor flat. Since the loft conversion will be an alteration to my demises, the lease states that the downstairs flat needs to give me access to her demise (garden), so that I can erect scaffolding to carry-out the work. In other words, she cannot refuse me the access. In ur case, I would politely reply back to ur neighbour highlighting the relevant covenants from the lease.

                  Comment


                    #24
                    I'm just confused as to whether a loft room is an improvement or an alteration.

                    if classed as an alteration then i may be able to have the scaffolding put up in neighbours garden but if it is an improvement it seems i cannot.

                    Can anyone help, its driving me mad trying to understand it all

                    Comment


                      #25
                      It is complicated, and while you can argue that loft extension is an alteration, your future downstairs neighbour could argue it is an improvement.

                      An improvement is an alteration which enhances the premises from the tenant's point of view by, for instance, increasing their value or utility. Consequently, where the lease specifies that an alteration requires the landlord's consent, the landlord will almost certainly not be able to withhold that consent unreasonably.

                      Is it really worth the hassle?

                      Comment


                        #26
                        All improvements are alterations, but not all alterations are improvements. If the lease says you can have access for alterations you have the right you need. That does not of course guarantee that the other flat owner will actually allow access.

                        Comment


                          #27
                          My friend who lives in the flat I want to buy from her saw her neighbours and the freeholder (relative off neighbors) today and broached the subject of the loft room. The freeholder categorically said no consent would be given and was quite cross and the neighbors said they wouldn't give access to any workmen in their garden front or back.

                          If I am legally allowed to go ahead with the loft room, what are my next steps.

                          Yes it may be a hassle but I love the flat and the area is perfect and having an extra room would be the icing on the cake.

                          I've copied what I think it's a relevant clause Not at anytime during the said term without the licence in writing of the lessor first obtained to erect or place any additional building or erection on any part of the demised premises and not without such licence as aforesaid to make any alteration in the plan or elevation of the demised premises or in any of the party walls or the principle or bearing walls or Timbers there of


                          Comment


                            #28
                            Am I being unreasonable wanting a loft room. I know it may be inconvenient for the neighbors but I am happy to pay all costs

                            Comment


                              #29
                              It really doesn't matter whether you are reasonable or not.

                              It is not the only flat in the whole of the UK - move on.

                              Comment


                                #30
                                Anna, that doesn't really answer my question, Clearly, i am aware it is not the only flat in the Uk and I don't want to 'move on' as you suggest, I'm looking for ways to see if this can work. I don't think there is anything wrong with that

                                If you can, please answer my question

                                If I am legally allowed to go ahead with the loft room, what are my next steps.

                                Comment

                                Latest Activity

                                Collapse

                                Working...
                                X